Madras High CourtCRL OP(MD)/18720/2021allowed

Baluchamy @ Palsamy v. The Inspector Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18720 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18720 of 2021 1.Baluchamy @ Palsamy 2.Dineshkumar ... Petitioners/Accused No.1 & 2 Vs.

1.State through The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai District.

(Crime No.226 of 2017) ...

1st Respondent/Complainant 2.Munuchamy ... 2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.226 of 2017 on the file of the first respondent police and quash the same. For Petitioners : Mr.J.Alaguram Jothi For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.226 of 2017 registered on the file of the first respondent.

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

He has been duly identified by Mr.P.Thirunavukkarasu, Sub Inspector of Police, attached to first respondent police station. The parties have filed a memo of joint compromise. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the defacto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The criminal original petition is allowed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ias https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18720 of 2021 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:

1.The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai District.

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

Crl.O.P(MD)No.18720 of 2021 20.12.2021 (2/2) NSN(CO) GC(05.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2