Madras High CourtCRL OP(MD)/19695/2021allowed

Muthusamy @ Muthumanickam v. The Inspector Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19695 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19695 of 2021

1. Muthusamy @ Muthumanickam 2.Minor Muthuvel @ Muthumanickam (Rep. by his father and natural guardian) 3.Nallathambi 4.Jothimanickam 5.Minor Preethi @ Muthukamatchi (Represented by her natural guardian her father) 6.Parimala @ Parimaladevi ... Petitioners/ Accused No. 1 to 6 Vs.

1.State represented by its The Inspector of Police, Silaiman Police Station, Madurai.

(Crime No.393 of 2021) ... 1st Respondent / Complainant 2.Muni Selvi ... 2nd Respondent / Defacto Complainant 3.Rajesh Kannan ... 3rd Respondent / Victim Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertains to impugned FIR in Crime No.393 of 2021 on the file of the first respondent police station and quash the same as against the petitioners. For Petitioners : Mr.R.Gowrishankar For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.T.A.Ebenezer for R2 & R3.

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.393 of 2021 registered on the file of the first respondent.

2.The defacto complainant/Muni Selvi is present before this Court in person.

She has been duly identified by Mr.R.Rajasekaran, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19695 of 2021 the parties have arrived at an amicable settlement and the deafcto complainant does 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 (AE) // 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:

(ENCL : Copy of Joint Compromise Memo) 1.The Inspector of Police, Silaiman Police Station, Madurai.

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

+1 CC to M/s.R.GOWRISHANKAR, Advocate (SR-39730[F] dated 21/12/2021) Crl.O.P(MD)No.19695 of 2021 20.12.2021 ARK(CO) SB(11.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2