Madras High CourtCRL OP(MD)/20263/2021allowed

Singamuthu v. The Sub Inspector Of Police

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

1 CRL.O.P.(MD)NO.20263 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.20263 of 2021 Singamuthu ... Petitioner / Accused No.4 Vs.

1. The State rep. By, The Sub Inspector of Police, Salaigramam police station, Sivagangai District.

(Crime No.106 of 2018) ... 1st Respondent / Complainant

2. Ganthi ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in J.C.No.106 of 2020 on the file of the Juvenile Justice Board, Sivagangai, in Crime No.106 of 2018 and quash the same as illegal in respect of the petitioner.

For Petitioner : Mr.V.Malaiyendran For R-1 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

For R-2 : Mr.P.Banu Prasath

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 J.C.No.106 of 2020 on the file of the Juvenile Justice Board, Sivagangai.

3. The defacto complainant Ganthi is present in person before me. He has been duly identified by Mr.R.Muthuraj, 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 impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.20263 OF 2021 prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CS I) // 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 Juvenile Justice Board, Sivagangai.

2. The Sub Inspector of Police, Salaigramam police station, Sivagangai District.

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

Crl.O.P.(MD)No.20263 of 2021 20.12.2021 MGJ(06.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2