Madras High CourtCRL OP(MD)/19151/2018dismissed

Ayyalusamy v. The Inspector Of Police

2021-12-07Honourable Mr Justice K.Murali Shankar2 pages

Crl.O.P.(MD)No.19151 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE:07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.19151 of 2018 and Crl.M.P.(MD)No.8585 of 2018 1.Ayyalusamy 2.Kaliammal 3.Karpagam : Petitioners / Accused Nos.2, 3 and 4 Vs.

1.The Inspector of Police, All Women Police Station, Thoothukudi.

(in Crime No.11/2018) : 1st Respondent/Complainant 2.Lakshmi Narasu : 2nd Respondent/Defacto Complainant 3.Govintha Raj : 3rd Respondent (R.3 was suo motu impleaded as per order of this Court dated 11.11.2021) PRAYER: Criminal Original Petition has been filed under Section 482 Cr.P.C, to call for the records pertaining to Crime No.11 of 2018, on the file of the Inspector of Police, All Women Police Station, Thoothukudi and quash the same insofar as the petitioners are concerned.

For Petitioners :No Appearance For Respondents :Mr.M.Muthumanikkam Government Advocate(Crl.Side) for R1 R2 & R3 : No Appearance

ORDER

This Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to Crime No.11 of 2018, on the file of the Inspector of Police, All Women Police Station, Thoothukudi and quash the same insofar as the petitioners are concerned.

2. When the matter is taken up for hearing today, there is no representation for the petitioners.

3. The learned Government Advocate(Crl.Side) appearing for the first respondent would submit that previously the accused A.1 to A.4 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19151 of 2018 including the present petitioners have filed a petition in Crl.O.P (MD)No.876 of 2021 under Section 482 Cr.P.C., to call for the records and quash F.I.R., in Crime No.11 of 2018, on the file of the first respondent police and that since the parties have entered into compromise, the case in Cr.No.11 of 2018 as against the accused A.1 to A.4 was quashed, vide order dated 21.01.2020 and he has also produced a copy of the order passed in Crl.O.P.(MD)No.876 of 2020.

4. It is evident from the said order that a joint memo of compromise has been filed and after satisfying that the parties have entered into an amicable settlement between them, this Court, vide order dated 21.01.2020 has allowed the petition and quashed the proceedings as against the accused A.1 to A.4, which includes the present petitioners. Since the case in Cr.No.11 of 2018 has been quashed as against the present petitioners also, nothing survives for further adjudication in the present petition.

5. In view of the above, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL 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, All Women Police Station, Thoothukudi.

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

ORDER MADE IN Crl.O.P.(MD)No.19151 of 2018 07.12.2021 SAR(CO) GC(16.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2