Madras High CourtCRL OP(MD)/15182/2021allowed

Mariappan v. The Inspector Of Police

2021-11-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.15182 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.15182 of 2021 Mariappan ... Petitioner/Sole Accused vs.

1.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

(Crime No.923 of 2016) ... 1st Respondent/Complainant

2. Johnsi Rani @ Janci ...2nd Respondent/defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to FIR in Crime NO.923 of 2016 on the file of the 1st respondent herein and quash the same as illegal. For Petitioner : Mr.N.Pragalathan For R1 : Mr.M.Sakthikumar Government Advocate For R2 : Mr.K.Muthurakkan

O R D E R

This Criminal Original Petition has been filed for quashing the FIR in Crime No.923 of 2016 registered on the file of the first respondent.

2. The defacto complainant Johnsi Rani @ Janci is present in person before this Court. She has been duly identified by Thiru.M.Sunder Singh, SI of Police attached to Thoothukudi North Police Station, Thoothukudi. The defacto complainant categorically states before this Court that she has no objection for quashing the impugned FIR. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The parties have also filed a joint compromise memo dated 25.09.2021. It shall form part of this order. The impugned FIR is quashed.

3. It is stated that the original partition deed No.719 of 1996 was handed over by the petitioner to the first respondent. The first respondent is directed to forthwith hand over the same to the second respondent and obtain acknowledgement from her. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15182 of 2021

4. The Criminal Original Petition is allowed. Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

ENCL: Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N. PRAGALATHAN, Advocate (SR-35693[F] dated 24/11/2021) Crl.O.P.(MD)No.15182 of 2021 19.11.2021 SE(CO) GC(02.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2