Madras High CourtCRL OP(MD)/20281/2021allowed

Sahayam v. The Inspector Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20281 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20281 of 2021 1.Sahayam 2.Karthik Pandian 3.Chandrasekar 4.Murugendra Pandian ... Petitioners/Accused Rank 1 to 4 Vs.

1.The State represented by its The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.88 of 2018) ... 1st Respondent/Complainant 2.Manickam ... Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of pending FIR against the petitioner for the offences under Sections 294(b), 323, 364, 387, 506(ii) of IPC and Section 67 of Information Technology Act, 2000 in Crime No.88 of 2018 dated 12.04.2018 on the file of the 1st respondent police and to quash the same.

For Petitioners : Mr.J.Vijayaraja For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.C.Muthupandi for R2

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.88 of 2018 registered on the file of the first respondent.

2.The defacto complainant/Manickam is present before this Court in person. He has been duly identified by Mr.V.Murugan, HC 1822, 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 be served in keeping the impugned prosecution alive. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20281 of 2021 The impugned FIR is quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Encl: Photocopy of Compromise Memo Attached.

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, Paramakudi Town Police Station, Ramanathapuram District.

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

+1 CC to M/s.J.VIJAYARAJA, Advocate ( SR-39597[F] dated 20/12/2021 ) Crl.O.P(MD)No.20281 of 2021 20.12.2021 MGJ(05.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2