Madras High CourtCRL OP(MD)/18895/2021allowed

Cleetus @ Keliltus v. The Inspector Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18895 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18895 of 2021 and Crl.M.P.(MD)No.10484 of 2021 1.Cleetus @ Keutus 2.Minor Jerbert @ John Jerbert (Rep. by its natural guardian/mother Sahaya Rani) 3.Berlin @ Sathya Berlin ... Petitioners/ Accused No.1 to 3 Vs.

1.State rep by The Inspector of Police, Pudukadai Police Station, Kanyakumari District.

(In Crime No.441 of 2021) ...1st Respondent/Complainant 2.Jinu @ Devasagayam ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to Crime No.441 of 2021 dated 18.10.2021 on the file of the Inspector of Police, Pudukadai Police Station, Kanyakumari District and quash the same. For Petitioners : Mr.M.Ganeshkamu For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.K.Ramar for R2.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.441 of 2021 registered on the file of the first respondent.

2.The defacto complainant/Jinu @ Devasagayam is present before this Court in person. He has been duly identified by Mr.D.Christoper, Sub Inspector of Police attached to first respondent police station. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. The parties have also filed a memo of joint compromise dated 03.12.2021. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18895 of 2021 prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias ENCL: Xerox 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, Pudukadai Police Station, Kanyakumari District.

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

Crl.O.P(MD)No.18895 of 2021 07.12.2021 MSK(CO) GC(22.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2