Madras High CourtCRL OP(MD)/18040/2021allowed

Kalaiyarasan v. The Inspector Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18040 of 2021 and Crl.M.P(MD)No.9858 of 2021 1.Kalaiyarasan 2.Rathika ... Petitioners/ W/o.Chandrasekar Accused Nos.5 and 6 Vs.

1. The State represented by The Inspector of Police, Veerapandi Police Station, Theni District.

(In Crime No.445 of 2021) ... 1st Respondent/ Complainant

2. Rathika ... 2nd Respondent/ W/o.Mokkaiyan De-facto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records of the impugned First Information Report in Crime No.445 of 2021 on the file of the Respondent No.1 Police Station and quash the same as illegal. For Petitioners : Mr.S.M.A.Jinnah For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R.1

ORDER

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent.

2. The petitioners are figuring as A.5 and A.6 in the impugned FIR. The petitioners have given a formal undertaking before this https://hcservices.ecourts.gov.in/hcservices/ 1/2

Court that they will keep away from the second respondent. They have also filed an affidavit to this effect. The second respondent through her counsel states that she has no objection for quashing the impugned FIR insofar as the petitioners are concerned. She wants to continue the prosecution against the other accused. Therefore, the impugned FIR is quashed as regards the petitioners alone. The prosecution against the others will continue. The other accused will not take the benefit of this order. This Criminal Original Petition is allowed on these terms. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar(Accts) // True Copy // / /2022 Sub Assistant Registrar mga 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.

1. The Inspector of Police, Veerapandi Police Station, Theni District.

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

Crl.O.P(MD)No.18040 of 2021 and Crl.M.P(MD)No.9858 of 2021 04.02.2022 SP/01/03/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2