Madras High CourtCRL OP(MD)/18465/2021allowed

Sundaramoorthy v. The Inspector Of Police

2021-12-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18465 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18465 of 2021 and Crl.M.P.(MD)No.10182 of 2021 1.Sundaramoorthy 2.Suresh 3.Ramasamy 4.Sukanya @ Sumathi 5.Rajkumar 6.Rajamurugan 7.Ramani 8.Ajith @ Ajithkumar 9.Pandiammal 10.Banumathi ... Petitioners/Accused 1 to 10 Vs.

1.The Inspector of Police, Mallankinaru Police Station, Virudhunagar District.

(In Crime No.231 of 2020) ...1st Respondent/Complainant 2.Velusamy ...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.231 of 2020 on the file of the 1st respondent herein and quash the same as far as the petitioners herein.

For Petitioners : Mr.L.Prabhu For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.S.Kumaravel for R2

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.231 of 2020 registered on the file of the first respondent.

2.The defacto complainant/Velusamy is present before this Court in person. He has been duly identified by Mr.Rajasekar, Sub https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18465 of 2021 Inspector of Police attached to first respondent police station. The parties have filed a memo of joint compromise dated 26.09.2021. 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 deafcto 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Ias Enclose copy of 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, Mallankinaru Police Station, Virudhunagar District.

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

+1 CC to M/s.L.PRABHU, Advocate ( SR-38463[F] dated 13/12/2021 ) Crl.O.P(MD)No.18465 of 2021 09.12.2021 RK(04/01/2022) 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2