Madras High CourtCRL OP(MD)/20536/2021allowed

Muthu v. The Inspector Of Police

2022-01-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20536 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20536 of 2021 1.Muthu 2.Murugesan @ Murugesh 3.Kanagaraj 4.Pasupathipandi 5.Balasundar @ Balasundaram 6.Prabakaran 7.Elakiaraj @ Elakiya Arasu 8.Kani 9.Pavithra ... Petitioners/Accused Nos.1 to 9 Vs.

1.The State represented by The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

(Crime No.212 of 2015) ... 1st Respondent/Complainant 2.Jemila ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for +records pertaining to FIR in Crime No. 212 of 2015 dated 01.08.2015 on the file of the first respondent herein and quash the same.

For Petitioners : Mr.R.Maheswaran For Respondents : Mr.M.Sakthi Kumar Government Advocate (Criminal Side) for R.1 Mr.C.Susi Kumar for R.2

ORDER

This Criminal Original Petition has been filed for quashing the FIR in Crime No.212 of 2015 registered on the file of the first respondent.

2. The defacto complainant - Jemila is present in person before this Court. She has been duly identified by Thiru.C.Kannan, Sub Inspector of Police, attached to Pazhavoor Police Station, Tirunelveli District. The defacto complainant categorically states before this Court that She does not want to pursue the complaint. Since the parties have arrived at an amicable settlement, no purpose https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20536 of 2021 will be served in keeping the impugned prosecution alive. The parties have also filed a joint compromise memo. The impugned FIR is quashed. This Criminal Original Petition is allowed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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.

ENCL: Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.20536 of 2021 10.01.2022 NSN(CO) GC(25.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2