Madras High CourtCRL OP(MD)/19302/2021allowed

Shanmugam @ Shanmugam Muthusamy v. The Inspector Of Police

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

Crl.O.P(MD)Nos.19302 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)Nos.19302 of 2021 1.Shanmugam @ Shanmugam Muthusamy 2.Gopi @ Gopi Ramalingam 3.Saravanan @ Saravanan Shanmugam 4.Raja @ Rajkumar Shanmugam 5.Ramalingam @ Ramalingam Arumugam 6.Karthik @ Karthikeyan Srinivasan 7.Ashok @ Srinivasan ... Petitioners/Accused No. 1 to 7 Vs.

1.State represented by The Inspector of Police, Lalgudi Police Station, Lalgudi, Trichy District.

(Crime No.611 of 2021) ... 1st Respondent/Complainant 2.Sathiyanarayan @ Shanmugam ...2nd Respondents/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the FIR in Crime No.611 of 2021 on the file of the 1st respondent police and quash the same as against the petitioners.

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

Mr.K.Ramkumar for R2.

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.611 of 2021 registered on the file of the first respondent.

2.The defacto complainant/Sathiyanarayan @ Shanmugam is present before this Court in person. He has been duly identified by Ms.Dhivya, WPC 1919, attached to first respondent police station. The parties have filed a memo of joint compromise dated 30.11.2021. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)Nos.19302 of 2021 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 (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, Lalgudi Police Station, Lalgudi, Trichy District.

2. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P(MD)No.19302 of 2021 08.12.2021 (1/2) RJ(CO) KB(22.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2