Madras High CourtCRL OP(MD)/20151/2021allowed

Ezhil Arasan @ Ezhilarasu v. The Sub Inspector Of Police

2021-12-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20151 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20151 of 2021 1.Ezhil Arasan @ Ezhilarasu 2.Jons @ Jones 3.Sreekumar 4.Vinoth @ Vinoth Kumar 5.Hariharan @ Hareendran ... Petitioners / Accused Nos.1, 3 to 6 vs.

1.State rep. by The Sub Inspector of Police, Colachel Police Station, Kanyakumari District.

(Cr.No.49/2021) ... 1st Respondent/ Complainant

2. Rathneshwaran ... 2nd Respondent/ defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the impugned FIR in Crime No.49 of 2021 on the file of the first respondent herein and quash the same.

For Petitioners : Mr.K.Rajeshwaran For R1 : Mr.A.Albert James Government Advocate (Crl.side) For R2 : Mr.C.Murugesan

O R D E R

This Criminal Original Petition has been filed for quashing the FIR in Crime No.49 of 2019 registered on the file of the first respondent.

2. The defacto complainant Rathneshwaran is present in person before this Court. He has been duly identified by Thiru.S.Prabha Kumar SSI of Police attached to Colachel Police Station, Kanyakumari District. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20151 of 2021 Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The parties have also filed a joint compromise memo. The impugned FIR is quashed. The Criminal Original Petition is allowed. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 Sub Inspector of Police, Colachel Police Station, Kanyakumari District.

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

+1 CC to M/s.K.RAJESHWARAN, Advocate (SR-39388[F] dated 17/12/2021) Crl.O.P.(MD)No.20151 of 2021 17.12.2021 NA(CO) SB(30.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2