Madras High CourtCRL OP(MD)/19605/2021allowed

Prabhu Kumar v. The Inspector Of Police

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

Crl.O.P(MD)No.19605 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.19605 of 2021 Prabhu Kumar ... Petitioner/Sole Accused Vs.

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

(In Crime No.94 of 2016) ... 1st Respondent/Complainant 2.Christy Mona ...2nd Respondent/Defacto Complainant 3.Antonyraj ... Respondents/Victim 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 C.C.No.285 of 2016 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 & R3

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in C.C.No.285 of 2016 on the file of the Judicial Magistrate No.I, Thoothukudi.

2.The defacto complainant and the victim are present before this Court in person. They have been duly identified by Mr.M.Rajendran, 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 she does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the defacto 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.Side) // True Copy // / /2022 Sub Assistant Registrar(CS) ias https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19605 of 2021 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.

ENCL:Xerox Copy of Joint Compromise Memo To:

1.The Judicial Magistrate No.I, Thoothukudi.

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

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

+1 CC to M/s.N.PRAGALATHAN, Advocate (SR-38942[F] dated 15/12/2021 ) Crl.O.P(MD)No.19605 of 2021 15.12.2021 NSN(CO) GC(06.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2