Madras High CourtCRL OP(MD)/18994/2021allowed

Chithu @ P.Arokkia Antony Jithu v. The Inspector Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18994 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18994 of 2021 1.Chithu @ P.Arokkia Antony Jithu 2.Stuwart @ J.Stuvert Geo 3.Pream @ S.Infant Prem 4.Jaevi @ S.Anton Vigny Jevis ... Petitioners Vs.

1.State rep by The Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

(In Crime No.15 of 2018) 2.C.Noble Roshan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the impugned FIR in Crime No.15 of 2018 on the file of the 1st respondent and quash the same.

For Petitioners : Mr.G.Aravinthan For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.K.Sivabalan for R2.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.15 of 2018 registered on the file of the first respondent.

2.The defacto complainant/C.Noble Roshan is present before this Court in person.

He has been duly identified by Mr.A.Sundarapandian, Sub Inspector of Police attached to first respondent police station. The defacto complainant states that the petitioners are his friends and that out of a small misunderstanding, the occurrence had taken place. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. The parties have also filed a memo of joint compromise dated 01.12.2021. Since the parties have https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18994 of 2021 arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

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

+4 CC to M/s.G.ARAVINTHAN, Advocate (SR-37441, 37442, 37443, 37444 [F] dated 06/12/2021) Crl.O.P(MD)No.18994 of 2021 06.12.2021 VR(CO) SB(17.12.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2