Madras High CourtCRL OP(MD)/20823/2021allowed

Ayyankalai v. The Inspector Of Police

2022-02-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20823 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20823 of 2021 and Crl.M.P.(MD).Nos.11927 and 11928 of 2021 1.Ayyankalai 2.Athi Prabhu

...Petitioners/A5 & A7

Vs.

1.The State rep by The Inspector of Police, Palayanur Police Station, Sivagangai District.

(Crime No.10/2020) ... 1st Respondent/Complainant 2.Selvagurunathan ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the above charge sheet in C.C.No.17/2021 on the file of the learned District Munsif Cum Judicial Magistrate, Tiruppuvanam and quash the same in so far as these petitioners/Accused Nos.5 and 7 are concerned. For Petitioners : Mr.K.Dinesh For R1 : Mr.B.Thanga Aravindh Government Advocate(Crl.Side)

ORDER

The criminal original petition has been filed to quash the impugned proceedings in so far as A5 and A7 are concerned.

2. The defacto complainant has no objection for the same. The joint memo of compromise has been filed. The defacto complainant has also been identified by M/s.Devi, WHC 162 attached to Palayanur Police Station, Sivagangai. Since the defacto complainant has no objection for granting the relief sought for in this criminal original petition. The impugned proceedings are quashed as far as the petitioners are concerned. The prosecution will of course go https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20823 of 2021 against the remaining accused. The Criminal Original Petition is allowed. Consequenlty, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 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 District Munsif Cum Judicial Magistrate, Tiruppuvanam 2.The Inspector of Police, Palayanur Police Station, Sivagangai District.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-3933[F] dated 03/02/2022 ) Crl.O.P.(MD)No.20823 of 2021 02.02.2022 NSN(CO) GC(15.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2