Madras High CourtCRL OP(MD)/18368/2021allowed

Mothilal v. The Sub Inspector Of Police

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

1 CRL.O.P.(MD)NO.18368 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.18368 of 2021

1. Mothilal

2. Deva Dhas

3. Jeya Boss

4. Jeyasekhar @ Bharath

5. Raja Kumar ... Petitioners / Accused Vs.

1. The State rep. By, The Sub Inspector of Police, Thuckalay police station, Kanyakumari District.

(Crime No.440 of 2019) ... 1st Respondent / Complainant

2. Ida ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.440 of 2019 dated 09.09.2019 and quash the same.

For Petitioner : Mr.S.R.Sathan Boopathy For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Ms.M.Priyanka Jothi * * *

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.440 of 2019 registered on the file of the first respondent.

3. The defacto complainant Ida is present in person before me. She has been duly identified by Mr.Maria Arputham, SSI-594 attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that she does not want to pursue the matter.

4. Since the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.18368 OF 2021 impugned prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CS-II) // 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 Sub Inspector of Police, Thuckalay police station, Kanyakumari District.

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

Crl.O.P.(MD)No.18368 of 2021 29.11.2021 RK(14/12/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4