Madras High CourtCRL OP(MD)/17431/2021dismissed

Kathikeyanmanikandan v. The Inspector Of Police

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

Crl.O.P.(MD)No.17431 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17431 of 2021 and Crl.M.P.(MD)No.9485 of 2021 1.Karthikeyamanikandan 2.Rajendran 3.Thilagavathi ... Petitioners Vs 1.The State rep. by The Inspector of Police, All Women Police Station, Thallakulam Madurai District.

(Crime No.64 of 2020) 2.Thilagha Prithvi Muthu ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in Crime No.64 of 2020 pending investigation on the file of the first respondent police and quash the same in respect of the petitioner / accused Nos.1, 2 & 3. For Petitioner : Mr.S.Muniyandi For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by A1 to A3 for quashing the FIR in Crime No.64 of 2020 registered on the file of the first respondent for the offence under Section 498(A) of IPC.

2. It is fairly admitted that the quash petition filed by the other accused was dismissed by this Court on the ground that specific allegations have been set out in the FIR. When the coaccused could not succeed before this Court, I am not inclined to grant relief to the main accused. If the first petitioner and the second respondent arrive at a settlement and apply for quashing based on the compromise, I would certainly be inclined to do so. But where there is contest, it is not possible to grant relief for quashing the FIR in this case.

3. This Criminal Original Petition is dismissed with liberty https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17431 of 2021 to the petitioners to file a petition based on the compromise with the second respondent. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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, All Women Police Station, Thallakulam Madurai District.

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

Crl.O.P(MD)No.17431 of 2021 11.11.2021 RD(30.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2