Madras High CourtCRL OP(MD)/16923/2021allowed

Dhanabalan v. The Inspector Of Police

2021-12-14Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.16923 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.16923 of 2021

1. Dhanabalan

2. Chinnapandi

3. Pappa

4. Mala @ Nisha @ Nishara Banu

5. Jothi @ Nagajothi

6. Kumari

7. Aarthi ... Petitioners/Accused 1 to 7 Vs.

1. The State of Tamil Nadu rep. By, The Inspector of Police, All Women police station, Usilampatti, Madurai District.

(Crime No.19 of 2021) ... 1st Respondent/Complainant

2. Balalakshmi ... 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.19 of 2021 on the file of the first respondent. For Petitioners :

Mr.S.Madhan Kumar For R-1 :

Mr.A.Albert James, Government Advocate.

For R-2 :

Mr.K.Periyasamy * * *

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

3. The defacto complainant Balalakshmi is present in person before me. She has been duly identified by her counsel Mr.K.Periyasamy. The parties have filed a joint compromise memo. The defacto complainant states that she does not want to pursue the matter.

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Crl.O.P.(MD)No.16923 of 2021

4. Since the defacto complainant herself 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 (AS) // 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.

Encl : Joint Compromise Memo To:

1. The Inspector of Police, All Women police station, Usilampatti, Madurai District.

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

+1 CC to M/s.S.MADHANKUMAR, Advocate (SR-38633[F] dated 14/12/2021) Crl.O.P.(MD)No.16923 of 2021 14.12.2021 USK (28.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2