Madras High CourtCRL OP(MD)/18016/2021allowed

Pandiyan v. The Deputy Superintendent Of Police

2022-01-24Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18016 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18016 of 2021 and CRL.M.P.(MD)Nos.9840 & 9844 of 2021

1. Pandiyan

2. Mathiya @ Mathiyalagan

3. Ramalingam

4. Vijayananth

5. Kanagaraj

6. Meenatchisundaram

7. Vijayan

8. Chinnapan

9. Sannasi ... Petitioners /Accused 1 to 9/ Accused 1 to 9 Vs.

1.The State of Tamil Nadu, Rep. By the Deputy Superintendent of Police, Alangudi, Pudukottai District.

2.The Inspector of Police, Keeramangalam police station, Pudukottai District.

... Respondents / Respondents / Complainants 3.Kanagaraj ... Respondent / Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in connection with the case in C.C.No.53 of 2020 on the file of the Judicial Magistrate, Alangudi and quash the same.

For Petitioners : Mr.R.Balakrishnan For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side).

For R-3 : Mr.S.Ashok * * *

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the impugned proceedings.

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Crl.O.P.(MD)No.18016 of 2021

3. The defacto complainant Mr.Kanagaraj is present before this Court through video conferencing. He has been duly identified by Mr.K.Jayakumar, Special Sub Inspector attached to the second respondent police station and the same has been duly confirmed by Mr.M.Sakthi Kumar, learned Government Advocate. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter.

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed. The joint compromise memo dated 20.01.2022 shall form part of the record. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (W) // True Copy // / /2022 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.

To:

1.The Judicial Magistrate, Alangudi.

2. The Deputy Superintendent of Police, Alangudi, Pudukottai District.

3. The Inspector of Police, Keeramangalam police station, Pudukottai District.

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

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