Madras High CourtCRL OP(MD)/18723/2021allowed

Daniel v. The Deputy Superintendent Of Police

2021-12-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18723 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18723 of 2021 1.Daniel 2.Prabhu @ Venkatesh Prabhu 3.Perkish @ Berkins ... Petitioners /Accused Nos.1 to 3 vs.

State rep. by its 1.The Deputy Superintendent of Police, Tirunelveli Rural Sub Division, Tirunelveli District.

2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(Crime No.149/2021) ... Respondents/Complainants 3.Kumar ... Respondent/ defacto Complainant 4.Vijayalakshmi ... Respondent/ Victim PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to FIR in Crime No.149 of 2021 on the file of the respondent police and quash the same as against these petitioners.

For Petitioners : Mr.N.Mohideen Basha For R1 & R2 : Mr.M.Sakthikumar Government Advocate (Crl.) For R3 & R4 : Mr.A.Mohamed Hashim

O R D E R

This Criminal Original Petition has been filed for quashing the FIR in Crime No.149 of 2021 registered on the file of the second respondent.

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Crl.O.P.(MD)No.18723 of 2021

2. The defacto complainants are present in person before this Court. They have been duly identified by Thiru.Kethira Balan, Head Constable attached to Tirunelveli Taluk Police Station, Tirunelveli District. The defacto complainant categorically states before this Court that they do not want to pursue the complaint. The parties have also filed a joint compromise memo. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed. Sd/- Assistant Registrar (CRL) // 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 Deputy Superintendent of Police, Tirunelveli Rural Sub Division, Tirunelveli District.

2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

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

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