Madras High CourtCRL OP(MD)/19919/2021allowed

Pathiraj @ Pathiraja v. The Inspector Of Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19919 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19919 of 2021 1.Pathiraj @ Pathiraja 2.Mariraj @ Mariraja ... Petitioners/Accused No.1&2 Vs.

1.The State rep. by The Inspector of Police, Puliyangudi South Police Station, Puliyangudi, Tenkasi District.

(In Crime No.256 of 2016) ... 1st Respondent /Complainant 2.Arumugam ... 2nd Respondent / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the charge sheet filed by the 1st respondent in C.C.No.256 of 2017 on the file of the Additional District Munsif Cum Judicial Magistrate Court, Sivagiri, Tenkasi District. For Petitioners : Mr.N.Pragalathan For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.K.Muthurakkan for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in C.C.No.256 of 2017 on the file of the District Munsif Cum Judicial Magistrate, Sivagiri, Tenkasi District.

2.The defacto complainant/Arumugam is present before this Court in person. He has been duly identified by Mr.M.Mohamed Kani, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19919 of 2021 not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned proceedings are quashed. The criminal original petition is allowed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 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 :Copy of Joint Compromise Memo) 1.The Additional District Munsif Cum Judicial Magistrate, Sivagiri, Tenkasi District.

2.The Inspector of Police, Puliyangudi South Police Station, Puliyangudi, Tenkasi District.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-38941[F] dated 15/12/2021 ) Crl.O.P(MD)No.19919 of 2021 15.12.2021 SAR(CO) SB(07.01.2022) 3P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2