Madras High CourtCRL OP(MD)/17531/2021allowed

Sankara Subramanian v. The Inspector Of Police

2021-11-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17531 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17531 of 2021 Sankara Subramanian ... Petitioner/Sole Accused Vs.

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

(In Crime No.33 of 2019) ... 1st Respondent/Complainant 2.Kathiresan ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.117 of 2021 on the file of Judicial Magistrate No.III, Thoothukudi and quash the same. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.M.Sakthikumar, Govt. Advocate (Crl. Side) for R1 Mr.P.T.Ramesh Raja for R2

O R D E R

The petitioner wants this Court to quash the impugned proceedings in C.C.No.117 of 2021 on the file of the Judicial Magistrate No.III, Thoothukudi. The defacto complainant/ Kathiresan is present before this Court in person. He has been duly identified by Mr.S.Ramalingam, Sub Inspector of Police attached to North Police Station, Thoothukudi. The parties have also filed a joint memo of compromise. It has been signed not only by the parties but also by their respective counsel. The defacto complainant does not want to pursue the impugned prosecution. When the parties have arrived at an amicable settlement and the deafcto complainant does not want to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17531 of 2021 pursue the matter, no purpose will be served in keeping the impugned proceedings alive. The impugned proceedings are quashed and the criminal original petition is allowed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 No.III, Thoothukudi.

2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi District.

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

+1 CC to M/s.R.J. KARTHICK, Advocate ( SR-34624[F] dated 16/11/2021 ) Crl.O.P(MD)No.17531 of 2021 15.11.2021 MGJ/PM(24.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2