Madras High CourtCRL OP(MD)/20063/2021allowed

Jeyaselvam v. The Inspector Of Police

2021-12-16Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.20063 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20063 of 2021 Jeyaselvam ... Petitioner /Sole Accused Vs.

1. The State rep. By, The Inspector of Police, Karungal police station, Kanyakumari District.

(Crime No.195 of 2016) ... 1st Respondent / Complainant

2. Jeyasekaran ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.550 of 2019 on the file of the Judicial Magistrate, Eraniel, Kanyakumari District and quash the same.

For Petitioner : Mr.R.Russel Raj For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.S.Ramakrishnan * * *

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.550 of 2019 on the file of the Judicial Magistrate, Eraniel, Kanyakumari District

3. The defacto complainant Jeyasekaran is present in person before me. He has been duly identified by Mr.T.Paulraj, Tr.SI 343, 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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2 CRL.O.P.(MD)NO.20063 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 (A.D.II) // 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 Judicial Magistrate, Eraniel, Kanyakumari District.

2. The Inspector of Police, Karungal police station, Kanyakumari District.

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

Crl.O.P.(MD)No.20063 of 2021 16.12.2021 RD(31.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4