Madras High CourtCRL OP(MD)/9094/2018allowed

Murugeshan v. The Inspector Of Police,

2019-11-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.9094 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.9094 of 2018 and Crl.M.P.(MD) No.3948 of 2018 1.Murugeshan 2.Yogarajan 3.Arjunan 4.Dhanajeyan 5.Aandi 6.Pandi 7.Thulasiraman 8.Bose 9.Dharmar 10.Dhivakaran 11.Sethupathi 12.Ragupathi ... Petitioners Vs 1.The State rep. by The Inspector of Police, Othakadai Police Station, Madurai District.

Crime No.202 of 2018 2.Pandiyarajan ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the case in crime No.202 of 2018 on the file of the Inspector of Police, Othakadai Police Station, Madurai District and quash the same as against the petitioners.

For Petitioners : Mr.R.Anand For Respondents : Mr.K.Suyambulinga Bharathi, G.A.. (Crl. Side)

O R D E R

This petition has been filed to quash the proceedings in crime No.202 of 2018 on the file of the Inspector of Police, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.9094 of 2018 Othakadai Police Station, Madurai District as against the petitioners.

2.The learned counsel appearing for the petitioner represented that the matter has been settled between the petitioners and the second respondent/defacto complainant.

3.However, the learned Government Advocate (criminal side) submitted that the 2nd respondent completed the investigation and filed final report before the jurisdictional Magistrate and it is pending for taking cognizance.

4.Since the matter has been settled between the petitioners and the defacto complainant/second respondent, the proceedings in crime No.202 of 2018 on the file of the Inspector of Police, Othakadai Police Station, Madurai District is quashed as against the petitioners. Since the FIR itself is quashed, the subsequent investigation and filing of charge sheet is vitiated and the same is also quashed.

5.In view of the above, this criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The The Inspector of Police, Othakadai Police Station, Madurai District.

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

Order made in CRL.O.P (MD) No.9094 of 2018 01.11.2019 VB(18.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2