M.Gopala Krishnan v. The Sub Inspector Of Police

Crl.O.P(MD)No.20369 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20369 of 2021 1.M.Gopala Krishnan 2.Bharathraman 3.Pandiammal ... Petitioners/ Accused Nos. 1 to 3 Vs.

1.The Sub Inspector of Police, Melavalau Police Station, Melur Taluk, Madurai District.

... 1st Respondent/Complainant (Crime No.186 of 2021) 2.Jeyanthi ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to FIR in Crime No.186 of 2021 on the file of the 1st respondent police and quash the same. For Petitioners : Mr.N.Dilip Kumar For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.186 of 2021 registered on the file of the first respondent for the offences 294(b), 323, 355, 506(2) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002.

2.The defacto complainant/Jayanthi is present before this Court in person. She has been duly identified by Mr.P.Boopathy, Sub Inspector of Police attached to first respondent Police Station. The learned Government Advocate (Crl. Side) points out that against the first petitioner/Gopala Krishnan, there are as many 15 criminal cases pending and against the third petition/Pandiammal, five cases are pending.

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Crl.O.P(MD)No.20369 of 2021 3.The learned counsel for the petitioners points out that since the first petitioner filed a public interest litigation petition for restoration of water body in the village, that had given rise to a number of cases against the petitioners. I do not want to go into said aspect. The fact remains that the defacto complainant does not want to pursue the complaint. The parties have filed a memo of compromise. When the parties have arrived at an amicable settlement 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.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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, Melavalau Police Station, Melur Taluk, Madurai District.

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

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-40007[F] dated 22/12/2021 ) Crl.O.P(MD)No.20369 of 2021 21.12.2021 MGJ(21.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2