Madras High CourtCRL OP(MD)/20256/2021allowed

Sarath Kumar v. The Inspector Of Police

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

Crl.O.P(MD)No.20256 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.20256 of 2021 and Crl.M.P.(MD)No.11486 of 2021 1.Sarath Kumar 2.Sasikumar 3.Raj ... Petitioners/ Accused 2 to 4 Vs.

1.The State rep. by The Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No.15 of 2015) ... Respondent/ Complainant 2.Gopinath ... Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.15 of 2015 on the file of the Inspector of Police, Lalgudi Police Station, Trichy District and quash the same as illegal.

For Petitioners : Mr.S.B.Kayvin Prince For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.A.Mohamed Hashim for R2

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.15 of 2015 registered on the file of the first respondent.

2.The defacto complainant/Gopinath is present before this Court in person. He has been duly identified by Ms.Suganthi, Gr-I 1392 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20256 of 2021 and the deafcto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) Ias Enclosed herewith Copy of the Joint Compromise Memo 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, Lalgudi Police Station, Trichy District.

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

Crl.O.P(MD)No.20256 of 2021 20.12.2021 RD(6.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2