Madras High CourtCRL OP(MD)/19141/2021allowed

P. Prumalnaicker @ Perumal v. The Sub Inspector Of Police

2021-12-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19141 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19141 of 2021 1.P.Prumalnaicker @ Perumal 2.P.Tamilselvan 3.P.Sundaramoorthy 4.T.Perumal@Bose 5.T.Nagaraj 6.S.Velusamy 7.S.Subburaj 8.M.Sundaramoorthi 9.M.Perumal 10.P.Ravi @ Muniyandi 11.P.Muthulakshmi 12.P.Mukilu @ Perumal 13.T.Neelavathi 14.S.Krishnamoorthi 15.S.Avudaiyammal ... Petitioners/Accused 1 to 15 Vs.

1.The Sub Inspector of Police, Mallanginar Police Station, Virudhunagar District.

(In Crime No.222 of 2020) ...1st Respondent/Complainant 2.R.Rajamurugan ...2nd Respondents/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.222 of 2020 on the file of the Judicial Magistrate No.I, at Virudhunagar and quash the same.

For Petitioners : Mr. S.Thirunavukarasu For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.L.Prabhu for R2

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.222 of 2020 registered on the file of the first respondent.

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

Crl.O.P(MD)No.19141 of 2021 2.The defacto complainant/Rajamurugan is present before this Court in person. He has been duly identified by Mr.Rajasekar, Sub Inspector of Police attached to first respondent police station. 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 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 (AS) // 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 Judicial Magistrate No.I, Virudhunagar.

2.The Sub Inspector of Police, Mallanginar Police Station, Virudhunagar District.

Copy to The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.S.THIRUNAVUKKARASU, Advocate ( SR-38172[F] dated 10/12/2021 ) Crl.O.P(MD)No.19141 of 2021 09.12.2021 TSK(CO) KB(24.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2