Madras High CourtCONT P(MD)/222/2025disposed of

M. Karthick Alias Subramaniyam v. P. Saravanan

2025-02-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)No.222 of 2025 in Crl.O.P.(MD)No.3988 of 2021 1.M. Karthick @ Subramaniyam 2.R.Senthamil @ Senthamil Vadivelan

3. S.Maharajan

4. S.Ahish Ram ... Petitioners Vs.

P.Saravanan, The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

... Respondent Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to punish the Contemnor/ 1st Respondent for violating or willful and deliberate the orders of this Court in Crl.O.P.(MD)No.3988 of 2021 dated 04-01-2022.

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For Petitioners : Mr.G.Mutharasu For Respondent : Mr.S.Prakash, Govt. Advocate (Crl. Side).

O R D E R

Heard both sides.

2.The petitioners herein filed Crl.O.P.(MD)No.3988 of 2021 for quashing the FIR in Crime No.221 of 2017 registered on the file of the Inspector of Police, Kanyakumari Police Station. The defacto complainant was shown as the second respondent in the said criminal original petition. Pursuant to the suggestion made by this Court, the parties decided to bury the hatchet. In view of the consensuses arrived at between the defacto complainant and the accused, the FIR itself was quashed and Crl.O.P.(MD)No.3988 of 2021 was allowed on 04.01.2022. Copy of the said order was also marked to Judicial Magistrate No.I, Nagercoil. It appears that the information did not properly reach the Court below. Therefore, the final report earlier filed by the respondent was taken cognizance and numbered as S.T.C.No.969 of 2023. The petitioners have received summons. When the FIR itself has been 2/4

quashed, the question of taking cognizance by the trial Court does not arise at all. Hence, the proceedings in S.T.C.No.969 of 2023 on the file of the Judicial Magistrate No.I, Nagercoil is quashed. 3.This contempt petition is disposed of accordingly. 12.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- P.Saravanan, The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

Copy to:

The Judicial Magistrate No.I, Nagercoil 3/4

G.R.SWAMINATHAN, J.

ias Cont.P.(MD)No.222 of 2025 in Crl.O.P.(MD)No.3988 of 2021 12.02.2025 4/4