Madras High CourtCRL OP(MD)/18738/2021allowed

Balamurugan v. The Inspector Of Police

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

Crl.O.P.(MD)No.18738 of 2021 and 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.18738 of 2021 and CRL.M.P.(MD)No.10381 of 2021 Balamurugan ... Petitioner / Accused No.12 Vs.

1. The State rep. By, The Inspector of Police, Thirumangalam Taluk police station, Madurai District.

(Crime No.192 of 2014) ... 1st Respondent / Complainant

2. P.Manmathan ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to Crime No.192 of 2014 dated 14.09.2014 on the file of the Inspector of Police, Thirumangalam Taluk police station, Madurai District and quash the same.

For Petitioner : Mr.D.S.Haroon Rasheed For R-1 : Mr.A.Albert James, Government Advocate (Crl.Side).

For R-2 : Mr.A.Balaji * * *

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.192 of 2014 registered on the file of the first respondent.

3. The defacto complainant Manmathan is present in person before me. He has been duly identified by Thiru.P.M.Lakshmanan, SI, attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18738 of 2021 and

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 Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // 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, Thirumangalam Taluk police station, Madurai District.

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

Crl.O.P.(MD)No.18738 of 2021 29.11.2021 USK (14.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2