Madras High CourtCRL OP(MD)/19775/2021allowed

P.Sarojini Annapalam @ Sarojini v. The Inspector Of Police

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

Crl.O.P.(MD)No.19775 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.19775 of 2021 1.P.Sarojini Annapalam @ Sarojini 2.H.Samuel 3.H.Solomon Tharmaraj ... Petitioners / Accused 1 to 3 Vs.

1.State rep. By, The Inspector of Police, Pudukottai police station, Tuticorin District.

(Crime No.508 of 2020) ... 1st Respondent / Complainant

2. S.Annaraj Daniel Ramesh @ Annaraj Daniel ... 2nd Respondent / Defacto Complainant

3. S.Juliet Chandra ... 3rd Respondent /Victim Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records and quash the First Information Report in Crime No.508 of 2020 dated 16.09.2020 on the file of the first respondent police for the alleged offences under Sections 294 (b) and 323 of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

For Petitioners : Mr.N.Vignesh For R-1 : Mr.A.Albert James, Government Advocate (Crl.Side) For R-2 & R3 : Mr.V.S.Kishok Kumar * * *

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.508 of 2020 registered on the file of the first respondent.

3. The defacto complainant S.Annaraj Daniel Ramesh @ Annaraj Daniel as well as the victim Juliet Chandra are present in person before me. They have been duly identified by Mr.T.Sankar, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19775 of 2021 SSI, attached to 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.

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 First Information Report is quashed. This criminal original petition is allowed. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 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.

To:

1.The Inspector of Police, Pudukottai police station, Tuticorin District.

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

+1 CC to M/s.N.VIGNESH, Advocate ( SR-38972[F] dated 15/12/2021 ) Crl.O.P.(MD)No.19775 of 2021 14.12.2021 SK(CO) GC(05.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2