Madras High CourtCRL OP(MD)/19252/2021allowed

Muthamilselvan @ Muthamil v. The Inspector Of Police

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

Crl.O.P(MD)No.19252 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.19252 of 2021 Muthamilselvan @ Muthamil ... Petitioner/Sole Accused Vs.

1.State rep by The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

(In Crime No.371 of 2015) ... 1st Respondent/Complainant 2.Udhayaseelan ... 2nd Respondent/ Defacto Complainant 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.371 of 2015 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.P.Senguttuarasan For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1.

Mr.M.Murugesan for R2.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.371 of 2015 registered on the file of the first respondent.

2.The defacto complainant/Udhayaseelan is present before this Court in person. He has been duly identified by the petitioner's counsel namely, Mr.P.Senguttuarasan (Enrolment No.276 of 1993). The defacto complainant states that he has not received any compensation from the Government. The said submission is recorded. If this statement turns out to be false, this Court will take action later. 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 06.12.2021. Since the parties https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19252 of 2021 have 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, Thirumangalam Town Police Station, Madurai District.

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

+1 CC to M/s.P.SENGUTTUARASAN, Advocate ( SR-37841[F] dated 08/12/2021 ) Crl.O.P(MD)No.19252 of 2021 06.12.2021 MGJ(17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2