Madras High CourtCRL OP(MD)/15203/2021allowed

Alto v. The Sub Inspector Of Police

2021-12-01Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.15203 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.15203 of 2021

1. Alto

2. Prakash @ Prakash Daniston

3. Robin

4. Domi @ Joe Domic John @ Joe Dominic

5. Demasin @ Antony Demasin

6. Soris @ Maria Soris Ibkis ... Petitioners / Accused 1,3 to7 Vs.

1. The State rep. By, The Sub Inspector of Police, Kanyakumari police station, Kanyakumari District.

(Crime No.2 of 2019) ... 1st Respondent / Complainant

2. Sahaya Lerin ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings in C.C.No.172 of 2021 on the file of the learned Judicial Magistrate No.I, Nagercoil and quash the same as far as the petitioners / accused 1, 3 to 7 are concerned.

For Petitioners : Mr.K.Vamanan For R-1 : Mr.A.Albert James, Government Advocate(Crl.side) For R-2 : M/s.S.Bharathi

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the proceedings in C.C.No.172 of 2021 on the file of the Judicial Magistrate No.I, Nagercoil.

3. The defacto complainant Sahaya Lerin is present in person before me. He has been duly identified by Thiru.Chellathurai, SSI1226, attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter as far as the petitioners are concerned.

4. Since the defacto complainant has no objection for quashing https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.15203 OF 2021 the proceedings against the petitioners, the impugned proceedings are quashed as far as the petitioners are concerned. This criminal original petition is allowed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 Judicial Magistrate No.I, Nagercoil.

2. The Sub Inspector of Police, Kanyakumari police station, Kanyakumari District.

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

+2 CC to M/s.K.VAMANAN, Advocate ( SR-37329[F] dated 03/12/2021 ) Crl.O.P.(MD)No.15203 of 2021 01.12.2021 NSN(CO) KB(20.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2