Madras High CourtCRL OP(MD)/15676/2021allowed

M. Santhosh Kumar v. The Inspector Of Police

2021-12-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.15676 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.15676 of 2021 and Crl.M.P.(MD)No.8446 of 2021 1.M.Santhosh Kumar 2.S.Balamurugan 3.V.Aathishwaran 4.M.Thanraj ... Petitioners / Accused Nos.1 to 4 Vs 1.State rep by its Inspector of Police, Alanganallur Police Station, Madurai District.

(Cr.No.391 of 2021) ... 1st Respondent / Complainant 2.Kumaresan ... 2nd Respondent / Defacto complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for records pertaining to the First Information Report in Crime No.391 of 2021, dated 03.09.2021 on the file of the first respondent for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC and quash the same as illegal as regards the petitioner.

For Petitioner : Mr.T.Thirumurugan For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.) For R2 : Mr.K.Asaithambi

ORDER

This Criminal Original Petition has been filed for quashing the FIR in Crime No.390 of 2021 registered on the file of the first respondent.

2. The defacto complainant Kumaresan is present in person before this Court.

He has been duly identified by https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15676 of 2021 Mr.A.Chinnasamy, Sub Inspector of Police attached to Alanganalur Police Station, Madurai District. The defacto complainant categorically states before this Court that he 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 impugned FIR is quashed. The Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

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.

To (ENCL:JOINT COMPROMISE MEMO) 1.The Inspector of Police, Alanganallur Police Station, Madurai District.

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

Crl.O.P(MD)No.15676 of 2021 10.12.2021 SAR(CO) SB(22.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2