Madras High CourtCRL OP(MD)/19391/2021allowed

Rajesh @ Rajesh Kannan v. The Inspector Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19391 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19391 of 2021 1.Rajesh @ Rajesh Kannan 2.Raja 3.Selvi @ Muni Selvi 4.Gunasekaran 5.Sachin Tendulkar ... Petitioners/Accused No.1 to 5 Vs.

1.State represented by its The Inspector of Police, Silaiman Police Station, Madurai.

(Crime No.392 of 2021) ... 1st Respondent / Complainant 2.Muthusamy @ Muthumanickam 3.Parimala @ Parimaladevi 4.Minor Preethi @ Muthukamatchi (Represented by her natural guardian her mother) ... Respondents 2 to 4 / Victims Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.392 of 2021 on the file of the respondent police and quash the same. For Petitioners : Mr.T.A.Ebenezer For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.R.Gowrishankar for R2 to R4.

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.392 of 2021 registered on the file of the first respondent.

2.The defacto complainant/Muthusamy @ Muthumanickam is present before this Court in person. He has been duly identified by Mr.R.Rajasekaran, Sub Inspector of Police, attached to first respondent police station. The parties have filed a memo of joint compromise. The defacto 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19391 of 2021 complainant does not want to pursue the complaint, 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 (AE) // True Copy // / /2022 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:

(ENCL : Copy of Joint Compromise Memo) 1.The Inspector of Police, Silaiman Police Station, Madurai.

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

Crl.O.P(MD)No.19391 of 2021 20.12.2021 ARK(CO) SB(11.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2