Madras High CourtCRL OP(MD)/15997/2021allowed

Thenmalaiyandi v. The Inspector Of Police

2021-11-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.15997 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.15997 of 2021 1.Thenmalaiyandi 2.Rajkumar 3.Subbaraj 4.Jothiraj 5.Sundaram 6.Sethu 7.Minor Ashok 8.Minor Arun 9.Muthumanickam 10.Jeyaram 11.Amaresh 12.Murali 13.Anbuselvam 14.Ambigairaj 15.Ganapathi 16.Ramarselvam ... Petitioners/Accused Nos.1 to 16 vs.

1.State rep. by The Inspector of Police Peraiyur Police Station, Madurai District.

(in Crime No.1152 of 2020) ... 1st Respondent/Complainant

2. Muthukumar ... 2nd Respondent/defacto Complainant

3. Muthupandi ... 3rd Respondent/Victim PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in FIR in Crime No.1152 of 2020 on the file of the first respondent and quash the same.

For Petitioners : Mr.C.Mayilvahan Rajendran For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 Mr.P.Banu Prasath for R2 & R3

O R D E R

This Criminal Original Petition has been filed for quashing the FIR in Crime No.1152 of 2020 on the file of the first respondent for the offences under Sections 147, 148, 294(b), 324 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15997 of 2021

2. The defacto complainant Muthu Kumar is present before this Court in person. The other victim Muthupandi is also present. Both have been identified by Mr.T.Velmurugan SSI of Police attached to Sedapatti Police Station. The defacto complainant as well as the other victim did not have any objection for quashing the impugned FIR. The impugned FIR is quashed. The Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AD-II) // 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 Peraiyur Police Station, Madurai District.

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

Crl.O.P.(MD)No.15997 of 2021 12.11.2021 KM(CO) GC/SKN(23.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2