Madras High CourtCRL OP(MD)/18770/2021allowed

Senthil Velmurugan v. The Sub Inspector Of Police

2021-12-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18770 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18770 of 2021 1.Senthil Velmurugan 2.Manikandan ... Petitioners/Accused Nos.1 & 2 vs.

1.The Sub Inspector of Police, Palayamkottai Crime Police Station, Palayamkottai, Tirunelveli City.

(Crime No.698 of 2021) ... 1st Respondent/ Complainant

2. Mayandi ... 2nd Respondent/ defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to FIR in Crime No.698 of 2021 on the file of the first respondent herein and quash the same.

For Petitioners : Mr.N.Pragalathan For R1 : Mr.A.Albert James Government Advocate (Crl. side) For R2 : Mr.K.Muthurakkan

O R D E R

This Criminal Original Petition has been filed for quashing the FIR in Crime No.698 of 2021 registered on the file of the first respondent.

2. The case involves theft of the goats belonging to the defacto complainant. In this case, immediately after registering the Fir, stolen goats were also recovered. The petitioners admitted before me that they had unfortunately committed the offence and they regret the same. The petitioners are said to be masons and they give an undertaking that they will not indulge in any kind of illegal activities ever again in future. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18770 of 2021 3.The defacto complainant Mayandi is present in person before this Court. He has been duly identified by Thiru.P.Thalavai SSI of Police 973 attached to Palayamkottai Crime Police Station, Tirunelveli City. The defacto complainant wants to forgive the petitioners herein. The memo of compromise has also been filed. The petitioners are not having any other case.

4. In view of the aforesaid aspects, the impugned FIR is quashed. The Criminal Original Petition is allowed.

5. The petitioner's vehicle TATA ACE bearing Registration No.TN 72 BK 5365 is presently with the first respondent. The first respondent is directed to return the vehicle to the petitioners.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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, Palayamkottai Crime Police Station, Palayamkottai, Tirunelveli City.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate (SR-37122[F]dated 02/12/2021) Crl.O.P.(MD)No.18770 of 2021 02.12.2021 RK(14/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2