Madras High CourtCRL OP(MD)/20690/2021allowed

Irvin Melto v. The Inspector Of Police

2021-12-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20690 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20690 of 2021 1.Irvin Melto 2.Stella 3.Austo King ... Petitioners / Accused Nos.1 to 3 Vs 1.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(In Crime No.28 of 2018) ... Respondent / Complainant 2.Bharathi Kannama ... Respondent/ Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the original charge sheet in S.C.No.9 of 2019 on the file of the learned II Additional District Judge (PCR) Court, Tirunelveli and quash the same against the petitioner as illegal.

For Petitioners : Mr.L.George Paul Anto For R1 : Mr.A.Albert James Government Advocate (Crl.side) For R2 : Mr.C.M.Arumugam

ORDER

This Criminal Original Petition has been filed for quashing the proceedings in S.C.No.9 of 2019 on the file of the learned II Additional District Judge (PCR) Court, Tirunelveli.

2. The defacto complainant Bharathi Kannama is present in person before this Court. She has been duly identified by Mrs.J.Mary Viji, WHC20 attached to All Women Police Station, Kanyakumari District. The defacto complainant categorically states before this Court that she has no objection for quashing the impugned proceedings. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20690 of 2021 impugned proceedings alive. The parties have also filed a joint compromise memo. The impugned proceedings are quashed. The Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Encl: Photocopy of Compromise Memo Attached.

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 II Additional District Judge (PCR), Tirunelveli. 2.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

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

Crl.O.P(MD)No.20690 of 2021 22.12.2021 MGJ(10.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2