Madras High CourtCRL OP(MD)/19563/2021allowed

Mervin v. The Inspector Of Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19563 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19563 of 2021 Mervin ... Petitioner/Sole Accused Vs.

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

(In Crime No.530 of 2013).

... 1st Respondent/Complainant 2.Baskar @ Balakrishnan ... 2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the charge sheet filed by the 1st respondent police in P.R.C.No.26 of 2018 on the file of the Judicial Magistrate Court No.I, Thoothukudi.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Albert James, Govt.Advocate (Crl.Side) for R1.

Mr.K.Muthurakkan for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in C.C.No.26 of 2018 on the file of the Judicial Magistrate No.I, Thoothukudi.

2.The defacto complainant/Baskar @ Balakrishnan is present before this Court in person. He has been duly identified by Mr.P.Veerabagu, 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.19563 of 2021 complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned proceedings are quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (CRL) // 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:

1. The Judicial Magistrate No.I, Thoothukudi.

2. The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate (SR-38940[F] dated 15/12/2021) Crl.O.P(MD)No.19563 of 2021 15.12.2021 USK (06.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2