Madras High CourtCRL OP(MD)/19573/2021allowed

B.Manikandan v. The Inspector Of Police

2021-12-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19573 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19573 of 2021 1.B.Manikandan 2.V.Bose ... Petitioners / Accused No.1&2 Vs.

1.The State rep. by The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, Sivagangai District.

... 1st Respondent / Complainant 2.Velu ... 2nd Respondent / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the impugned FIR in Crime No.309 of 2016 pending on the file of the Inspector of Police, Sivagangai Taluk Police Station and quash the same. For Petitioners : Mr.S.Vijayakumar For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.S.Poornachandran for R2.

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.309 of 2016 registered on the file of the first respondent.

2.The defacto complainant/Velu is present before this Court in person. He has been duly identified by Mr.R.Veluchamy, 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 he does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the deafcto complainant does not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19573 of 2021 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 (AS) // True Copy // / /2021 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 : JOINT COMPROMISE MEMO) 1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, Sivagangai District.

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

+1 CC to M/s.S.VIJAYAKUMAR, Advocate (SR-38187[F] dated 10/12/2021) Crl.O.P(MD)No.19573 of 2021 10.12.2021 SAR(CO) SB(22.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2