Madras High CourtCRL OP(MD)/19594/2021allowed

Ilankathir @ Ilangathir v. The Deputy Superintendent Of Police

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

Crl.O.P(MD)No.19594 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.19594 of 2021 Ilankathir @ Ilangathir ... Petitioner/ Sole Accused Vs.

1.The State through The Deputy Superintendent of Police, Musiri Sub Division, Trichy.

2.The State through The Inspector of Police, Thuraiyur Police Station, Trichy District.

(Crime No.1238 of 2020) ...Respondent No.1/De jure complainant 3.Dhamayandhi ... Respondent No.3 / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records connected with the case in Spl.S.C.No.9 of 2021 on the file of the I Additional District and Sessions Court (PCR), Thiruchirappalli and quash the same as illegal.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1 & R2.

Mr.S.Ramesh Kumar for R3.

O R D E R

This criminal original petition has been filed for quashing the proceedings in Spl.S.C.No.9 of 2021 on the file of the I Additional District and Sessions Court (PCR), Thiruchirappalli. 2.The defacto complainant/Dhamayandhi is present before this Court in person. She has been duly identified by Mr.Selvaraj, Sub Inspector of Police, attached to first respondent police station. The parties have filed a memo of joint compromise. The defacto https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19594 of 2021 complainant categorically states before this Court that she has not received any compensation from the Government. The defacto complainant states that she does not want to pursue the complaint. When 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 proceedings are quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (Crl side) // 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:

1.The I Additional District and Sessions Court (PCR), Thiruchirappalli.

2.The Deputy Superintendent of Police, Musiri Sub Division, Trichy.

3.The Inspector of Police, Thuraiyur Police Station, Trichy District.

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

Crl.O.P(MD)No.19594 of 2021 20.12.2021 RK(06/01/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2