Madras High CourtCRL OP(MD)/16272/2021allowed

Pawya v. The Inspector Of Police

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

1 CRL.O.P.(MD)NO.16272 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.16272 of 2021

1. Pawya

2. S.Sumesh ... Petitioners / Accused 1 & 2 Vs.

1. State through, The Inspector of Police, Thallakulam police station, Madurai District.

(Crime No.166 of 2021) ... 1st Respondent / Complainant

2. M.Divek Kumar ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records and to quash the First Information Report in Crime No.166 of 2021 pending on the file of the first respondent police against the petitioners in the nature and circumstances of the case and in the interest of justice, equity and good conscience.

For Petitioners : Mr.V.A.Dhana Aravindha Balaji, for M/s.Dhana Law Associates.

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

For R-2 : Ms.R.Rajamohan * * *

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

3. The defacto complainant Divek Kumar is present in person before me. He has been duly identified by Thiru.M.Gnanasekar, SSI, 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.

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2 CRL.O.P.(MD)NO.16272 OF 2021

4. Since the defacto complainant himself 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. Sd/- Assistant Registrar (CS-III) // 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, Thallakulam police station, Madurai District.

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

Crl.O.P.(MD)No.16272 of 2021 01.12.2021 RD(15.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2