Madras High CourtCRL OP(MD)/19953/2021allowed

Essakiraja v. The Sub Inspector Of Police

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

Crl.O.P(MD)No.19953 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.19953 of 2021 1.Essakiraja 2.Velsurya ... Petitioners/Rank not Known Vs.

1.State rep. by The Sub Inspector of Police, SIPCOT Police Station, Thoothukudi District.

(In Crime No.442 of 2021) ... 1st Respondent / Complainant 2.Nagarajan ... 2nd Respondent / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records to the impugned FIR in Crime No.442 of 2021 on the file of the SIPCOT police station, Thoothukudi/1st respondent and quash the same. For Petitioners : Mr.S.Vishnuvardhan For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.V.Shathurthi Raja for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned FIR in Crime No.442 of 2021 registered on the file of the first respondent.

2.The defacto complainant/Nagarajan is present before this Court in person. He has been duly identified by Mr.P.S.Periyanayagam, 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 not want to pursue the complaint, no purpose will https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19953 of 2021 be served in keeping the impugned prosecution alive. The impugned FIR quashed. The criminal original petition is allowed. Sd/- Assistant Registrar (CS II) // 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:Joint Compromise Memo) 1.The Sub Inspector of Police, SIPCOT Police Station, Thoothukudi District.

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

+1 CC to M/s.S.VISHNUVARDHAN, Advocate (SR-39241[F] dated 17/12/2021) Crl.O.P(MD)No.19953 of 2021 15.12.2021 TP(CO) SB(04.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2