Madras High CourtCRL OP(MD)/20167/2021allowed

Ponnuthai v. The Inspector Of Police

2021-12-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20167 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20167 of 2021 Ponnuthai ... Petitioner /Accused vs.

1.The State rep. by The Sub Inspector of Police, Kariapatti Police Station, Virudhunagar District.

Crime No.207 of 2017 ... 1st Respondent/Complainant

2. Sahaputhin ... 2nd Respondent/ defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to C.C.No.244 of 2019 on the file of the Judicial Magistrate Court No.II, Virudhunagar for the offences under Sections 294(b), 323 and 506(i) of IPC and quash the same as illegal and unsustainable.

For Petitioner : Mr.S.Balamurugan For R1 : Mr.A.Albert James Government Advocate (Crl.side) For R2 : Mr.A.Kaviarasan

O R D E R

This Criminal Original Petition has been filed for quashing the proceedings in C.C.No.224 of 2019 on the file of the Judicial Magistrate Court No.II, Virudhunagar.

2. The defacto complainant Sahaputhin is present in person before this Court. He has been duly identified by Thiru.N.Kannan SSI of Police, attached to Kariapatti Police Station, Virudhunagar District. The defacto complainant categorically states before this Court that he 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 impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20167 of 2021 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 (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note : In view of the present lock down owing to COVID19 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 Judicial Magistrate Court No.II, Virudhunagar.

2.The Sub Inspector of Police, Kariapatti Police Station, Virudhunagar District.

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

+1 CC to M/s.S.BALAMURUGAN, Advocate (SR-39585[F] dated 20/12/2021) Crl.O.P.(MD)No.20167 of 2021 17.12.2021 NSN(CO) SB(11.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2