Madras High CourtCRL OP(MD)/19409/2021allowed

Parath @ Parath Paramasivam v. The Inspector Of Police

2021-12-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19409 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19409 of 2021 1.Parath @ Parath Paramasivam 2.Kalimuthu 3.Murugapoobathi 4.Kannan 5.Arimurugan 6.Raja @ Thadikaran 7.Vasanthakumar 8.Suresh 9.Karuthapandi ... Petitioners/ Accused 1 to 9 Vs.

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

(Crime No.30 of 2019) ... 1st Respondent/ Complainant 2.Ajithkumar ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the charge sheet in C.C.No.67 of 2021 on the Judicial Magistrate, Vilathikulam, Thoothukudi District and quash the same as illegal. For Petitioners : Mr.V.Malaiyendran For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.P.Banu Prasath for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in C.C.No.67 of 2021 on the file of the Judicial Magistrate, Vilathikukalam.

2.The defacto complainant/Ajithkumar is present before this Court in person. He has been duly identified by Mr.A.Balamurugan, HC 2323, attached to first respondent police station. The parties have filed a memo of joint compromise dated 08.12.2021. The defacto https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19409 of 2021 complainant categorically states before this Court that he does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the deafcto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned proceedings alive. The impugned proceedings are quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) Ias Enclosed herewith Copy of the Joint Compromise Memo 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 Judicial Magistrate, Vilathikulam.

2.The Inspector of Police, Ottapidaram Police Station, Tuticorin District.

3.The Additional Public Prosecutore, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.BANUPRASATH, Advocate ( SR-38201[F] dated 10/12/2021 ) Crl.O.P(MD)No.19409 of 2021 08.12.2021 RD(27.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2