Madras High CourtCRL OP(MD)/19806/2021allowed

Karikalan v. The Inspector Of Police

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

Crl.O.P.(MD)No.19806 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.19806 of 2021

1. Karikalan

2. B.M.Senthilkumar

3. B.S.Suriyapragash @ Suriyabradeewar ... Petitioners Vs.

1. The State rep. By, The Inspector of Police, Kolidam police station, Trichy District.

(Crime No.196 of 2018) ... 1st Respondent/Complainant

2. Raja ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.196 of 2018 on the file of the first respondent police and quash the same as illegal.

For Petitioner : Mr.B.Karthikeyan For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.C.Balaji * * *

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.196 of 2018 registered on the file of the first respondent.

3. The defacto complainant Raja is present in person before me. He has been duly identified by Thiru.Somasundaram, 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.19806 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 First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (AS) // 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 : Joint Compromise Memo To:

1. The Inspector of Police, Kolidam police station, Trichy District.

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

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