Madras High CourtCRL OP(MD)/16385/2021allowed

John Lenin v. The Inspector Of Police

2021-12-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.16385 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.16385 of 2021 John Lenin ... Petitioner Vs.

1.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

2.Praba Rani ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.16 of 2019 on the file of the 1st respondent dated 08.01.2019 and quash the same. For Petitioner : Mr.G.Aravinthan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Ms.M.R.Priyanka Jothi for R2.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.16 of 2019 registered on the file of the firs respondent.

2.The defacto complainant/Praba Rani is present before this Court in person. She has been duly identified by her counsel namely, Ms.M.R.Priyanka Jothi (Enrolment No.820 of 2018). The petitioner is none other than the husband of the defacto complainant. The petitioner assures this Court that he has given up his drinking habit. The parties have filed a memo of joint compromise dated 13.08.2021. The defacto complainant categorically states before this Court that she 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. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.16385 of 2021 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, Thuckalay Police Station, Kanyakumari District.

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

Crl.O.P(MD)No.16385 of 2021 08.12.2021 MSK(CO) GC(27.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2