Madras High CourtCRL OP(MD)/20066/2021allowed

G.Periya Karruappa Samy v. The Inspector Of Police

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

1 CRL.O.P.(MD)NO.20066 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.20066 of 2021

1. G.Periya Karuppa Samy

2. S.Alagupandi

3. K.Selvakumar

4. K.Alagarsamy ... Petitioners / Accused 1 to 4 Vs.

1. State rep. By, The Inspector of Police, Thiruchuli police station, Virudhunagar District.

(Crime No.259 of 2019) ... 1st Respondent / Complainant

2. A.Chinnaservai ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned First Information Report in Crime No.259 of 2019 on the file of the first respondent and quash the same.

For Petitioners : Mr.S.Rajeshkanna For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.S.Vashik Ali

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.259 of 2019 registered on the file of the first respondent.

3. The defacto complainant Chinnaservai is present in person before me. He has been duly identified by Mr.A.Selvaraj, SSI, 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.

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.20066 OF 2021 impugned prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (P&A) // 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:

(ENCL : Joint Compromise Memo)

1. The Inspector of Police, Thiruchuli police station, Virudhunagar District.

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

+1 CC to M/s.S.RAJESHKANNA, Advocate (SR-39606[F] dated 20/12/2021) Crl.O.P.(MD)No.20066 of 2021 16.12.2021 DJ(CO) SB(04.01.2022) 3P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2