Madras High CourtCRL OP(MD)/19495/2021allowed

S. Kishore v. The Inspector Of Police

2021-12-13Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.19495 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19495 of 2021

1. S.Kishore

2. T.Murugesapandian ... Petitioners / Accused Nos.2 & 3 Vs.

1. The Inspector of Police, Kurumbur police station, Kurumbur, Thoothukudi District.

(Crime No.358 of 2020) ... 1st Respondent / Complainant

2. C.Dhanasekar @ Thanasekar ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the case in Crime No.358 of 2020 on the file of the first respondent herein and quash the same.

For Petitioner : Mr.N.Pragalathan For R-1 : Mr.M.Sakthi Kumar, Government Advocate.+++(crl.side) For R-2 : Mr.K.Muthurakkan

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.358 of 2020 registered on the file of the first respondent.

3. The defacto complainant Dhanasekar @ Thanasekar is present in person before me. He has been duly identified by Thiru.V.Kamaraj, Sub Inspector of Police, ALGSC(1397), attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter.

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.19495 OF 2021 prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, Kurumbur police station, Kurumbur, Thoothukudi District.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-38692[F] dated 14/12/2021 ) Crl.O.P.(MD)No.19495 of 2021 13.12.2021 SE(CO) KB(24.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2