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Madras High CourtCRL OP(MD)/16690/2021allowed

Ajith @ Iruthaya James Ajith v. The Inspector Of Police

2021-11-30Honourable Mr Justice G.R.Swaminathan2 pages

Crl O.P.(MD)Nos.16690 & 16700 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)Nos.16690 & 16700 of 2021 Crl O.P.(MD)No.16690 of 2021:

1.Ajith @ Iruthaya James Ajith 2.Jerish @ Jerish Micheal 3.Sahayam @ Sahayarani 4.Deni ... Petitioner/ Accused 1 to 4 Vs.

1.The State represented by The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

(Crime No.164 of 2021) ... 1st Respondent/ Complainant 2.Jebamalita ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for records pertaining to Crime No.164 of 2021 on the file of the first respondent and quash the same. For Petitioners : Mr.K.Vinayagan For Respondents : Mr.A.Albert James Government Advocate(Crl. Side) for R1 Mr.S.Sivakumar for R2 Crl O.P.(MD)No.16700 of 2021:

1.Ajith @ Iruthaya James Ajith 2.Jerish @ Jerish Micheal 3.Sahayam @ Sahayarani 4.Deni ... Petitioner/ Accused 1 to 4 Vs.

1.The State represented by The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

(Crime No.164 of 2021) ... 1st Respondent/Complainant https://hcservices.ecourts.gov.in/hcservices/ 2.Jebamalita ... 2nd Respondent/ Defacto Complainant 1/2

Crl O.P.(MD)Nos.16690 & 16700 of 2021 Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for records pertaining to Crime No.151 of 2021 on the file of the first respondent and quash the same. For Petitioners : Mr.K.Vinayagan For Respondents : Mr.A.Albert James Government Advocate(Crl. Side) for R1 Mr.S.Sivakumar for R2 COMMON ORDER These Criminal Original Petitions have been filed for quashing the FIR in Crime Nos. 164 of 2021 and 151 of 2021 registered on the file of Thoothukudi North Police Station. The defacto complainant Jebamalita is present in person. She has been duly identified by S.Ramalingam, Sub Inspector of Police, Thoothukudi North Police Station, Thoothukudi attached to the first respondent Police Station.

The parties have entered into a compromise and a joint memo of compromise has also been filed. The defacto complainant is clear that she does not want to pursue both the matters. In view of the same, the impugned FIRs are quashed. Both the Criminal Original Petitions are allowed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) mga/csm 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, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

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

Crl O.P.(MD)Nos.16690 & 16700 of 2021 https://hcservices.ecourts.gov.in/hcservices/ 30.11.2021 RK(14/12/2021) 2P 3C 2/2