Madras High CourtCRL OP(MD)/19818/2021allowed

Muthumari v. The Inspector Of Police

2021-12-14Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19818 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19818 of 2021

1. Muthumari

2. Alaguraja

3. Jansirani ... Petitioners / Accused 1 to 3 Vs.

1.The State through, The Inspector of Police, Thiruchuli police station, Virudhunagar District.

(Crime No.195 of 2012) ... 1st Respondent / Complainant

2. K.Krishnasamy ... 2nd Respondent / Defacto Complainant

3. K.Rameshkannan

4. A.Mahalakshmi

5. R.Bharathi Devi ... Respondents 3 to 5/Victims Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the charge sheet in C.C.No.6 of 2021 on the file of the District Munsif cum Judicial Magistrate Court, Thiruchuli and quash the same. For Petitioners : Mr.S.J.Chakkkaravarthy For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.B.Muneeswaran * * *

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the proceedings in C.C.No.6 of 2021 on the file of the District Munsif cum Judicial Magistrate Court, Thiruchuli.

3. The defacto complainant Krishnasamy is present in person before me. He has been duly identified by Thiru.G.Muthu Mariappan, SSI, 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.

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Crl.O.P.(MD)No.19818 of 2021

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (W) // 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.

ENCL: Xerox Copy of Joint Compromise Memo To:

1.The District Munsif cum Judicial Magistrate, Thiruchuli.

2.The Inspector of Police, Thiruchuli police station, Virudhunagar District.

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

+1 CC to M/s.S.J.CHAKKARAVARTHY, Advocate (SR-38657[F] dated 14/12/2021 ) Crl.O.P.(MD)No.19818 of 2021 14.12.2021 SAR(CO) GC(27.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2