Madras High CourtCRL OP(MD)/15409/2020allowed

Rajammal v. The Inspector Of Police

2020-12-22Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.15409 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.15409 of 2020 1)Rajammal 2)Kannan Chellaiah 3)Selvam @ Krishnasamy 4)Poolammal @ Bushpalatha 5)Kumara Murugan ... Petitioners/Accused Nos.1 to 5 vs.

1)The State Rep. by, The Inspector of Police, Nalattinpudur Police Station, Thoothukudi District.

(Crime No.426 of 2019) 2)M.Alagarsamy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the case in Crime No.426 of 2020 on the file of the Inspector of Police, Nalattinpudur Police Station, Thoothukudi District and quash the same as against the petitioners.

For Petitioners : Mr.P.Samuel Gunasingh For R1 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the entire records pertaining to the case in Crime No.426 of 2020 registered under Sections 406, 420, 423, 294(b) and 506(ii) IPC, on the file of the Inspector of Police, Nalattinpudur Police Station, Thoothukudi District, and quash the same as against the petitioners. 2.The second respondent / defacto complainant, as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the second respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioners would pray for quashing the FIR in Crime No.426 of 2020.

3.The compromise memo is filed before this Court and the parties along with their respective counsel and the 1st respondent/police are personally present before this Court and the defacto complainant has represented before this Court that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.15409 of 2020 matter has been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the impugned FIR in Crime No.426 of 2020 on the file of the Inspector of Police, Nalattinpudur Police Station, Thoothukudi District, is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Nalattinpudur Police Station, Thoothukudi District.

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

ORDER MADE IN Crl.O.P.(MD)No.15409 of 2020 DATED : 22.12.2020 VB (06.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2