Madras High CourtCRL OP(MD)/16541/2021allowed

Hariharan v. The Inspector Of Police

2022-01-27Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.16541 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.16541 of 2021

1. Hariharan

2. Bhavanammal

3. Gayathiri Viji

4. Barathithasan ... Petitioners/Accused Nos.1 to 4 Vs.

1.The State rep. By, The Inspector of Police, All Women police station, Nilakottai, Dindigul District.

(Crime No.12 of 2020) ... 1st Respondent/Complainant

2. Nikila ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.12 of 2020 pending investigation on the file of the respondent police and quash the same.

For Petitioners : Mr.S.Muniyandi For R-1 : Mr.M.Sakthi Kumar, Government Advocate.

For R-2 : Mr.M.Muthukumar

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.12 of 2020 registered on the file of the first respondent.

3. The defacto complainant Nikila is present before this Court through video conferencing. She has been duly identified by Ms.A.Pitchayammal, attached to the first respondent police station and the same has been duly confirmed by Mr.M.Sakthi Kumar, learned Government Advocate. The parties have filed a joint compromise memo. The defacto complainant states that she does not want to pursue the matter.

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Crl.O.P.(MD)No.16541 of 2021

4. Since the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. The joint compromise memo shall form part of the record. Sd/- Deputy Registrar (A/CS) // True Copy // / /2022 Sub Assistant Registrar(CS) (*) Enclosed herewith The Joint Compromise Memo 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, All Women police station, Nilakottai, Dindigul District.

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

+2 CC to M/s.S.MUNIYANDI, Advocate ( SR-2682[F], SR-2780[F] dated 27/01/2022 & 28/01/2022) Crl.O.P.(MD)No.16541 of 2021 27.01.2022 RS(01.03.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2