Madras High CourtCRL OP(MD)/18722/2021allowed

Suresh v. The Inspector Of Police

2021-11-29Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.18722 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18722 of 2021 Suresh ... Petitioner / Sole Accused Vs.

1. State rep. By, The Inspector of Police, Kadayam police station, Tenkasi District.

(Crime No.223 of 2021) ... 1st Respondent / Complainant

2. S.Udaiyar ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case in Crime No.223 of 2021 on the file of the first respondent police and quash the same.

For Petitioner : Ms.M.Abirami For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Ms.M.Mahendra Prabhu

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.223 of 2021 registered on the file of Kadayam police station.

3. The defacto complainant Udaiyar is present in person before me. He has been duly identified by Mr.A.Kamaraj, SSI-391 attached to Kadayam police station. 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 First https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.18722 OF 2021 Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 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 Inspector of Police, Kadayam police station, Tenkasi District.

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

Crl.O.P.(MD)No.18722 of 2021 29.11.2021 RK(14/12/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2