Madras High CourtCRL OP(MD)/16716/2021allowed

Sankarasubbiramaniyan v. The Inspector Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.16716 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.16716 of 2021 Sankarasubbiramaniyan ... Petitioner / Sole Accused Vs.

1. The State rep. By, The Inspector of Police, Ambasamudram police station, Tirunelveli District.

(Crime No.144 of 2021) ... 1st Respondent / Complainant

2. Petchidurai ... 2nd Respondent / Defacto Complainant

3. Sankar Kumar ... 3rd Respondent / Victim Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned FIR in Crime No.144 of 2021 dated 19.04.2021 on the file of the first respondent and quash the same.

For Petitioner : Mr.R.Vinoth Bharathi For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 & R-3 : Mr.R.Vignesh

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.144 of 2021 registered on the file of the first respondent.

3. The defacto complainant Petchidurai as well as the victim Sankar Kumar are present in person before me. They have been duly identified by Thiru.M.Senthilkumar, HC-2631, attached to the first respondent police station. The parties have filed a memo of compromise. The defacto complainant states that he does not want to pursue the matter.

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.16716 OF 2021 prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Sd/- Assistant Registrar (CRL) // 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 Inspector of Police, Ambasamudram police station, Tirunelveli District.

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

Crl.O.P.(MD)No.16716 of 2021 06.12.2021 NSN(CO) KB(20.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2