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Madras High Court

M.Chitra Velu vs State Represented By on 17 November, 2022

Author: Sathi Kumar Sukumara Kurup

Bench: Sathi Kumar Sukumara Kurup

                                                                    Crl.O.P.(MD) No.17417 of 2022


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 17.11.2022

                                                     CORAM

                       THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                           CRL.O.P(MD)No.17417 of 2022
                                                      and
                                           Crl.M.P(MD)No.11796 of 2022

                     M.Chitra Velu                                         ...Petitioner

                                                       -vs-

                     1.State represented by
                       The Inspector of Police,
                       Sayalkudi Police Station,
                       Ramanathapuram District.
                       (in Cr.No.185 of 2022)

                     2.Priya                                       ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the records pertaining to the impugned FIR in
                     Cr.No.185/2022, dated 29.05.2022 on the file of the first Respondent
                     Police and to quash the same as illegal.


                                  For Petitioner        : Mr.S.Muthukumar
                                  For R1                : Mr.B.Nambiselvan
                                                         Additional Public Prosecutor
                                  For R2                :Mr.S.Sundarapandian
                                                      ****




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https://www.mhc.tn.gov.in/judis
                                                                          Crl.O.P.(MD) No.17417 of 2022




                                                         ORDER

This Criminal Original Petition had been filed to quash the FIR in Cr.No.185/2022, dated 29.05.2022 on the file of the first Respondent Police.

2.When the case came up for hearing on an earlier occasion, a Memo of Compromise was produced before this Court by both sides and this Court had directed the both parties to produce a notarised affidavit from the second Respondent/De-Facto Complainant.

3.Today, when the case taken up for hearing, the learned Counsel for the Petitioner submitted that in compliance of the direction of this Court, a notarised affidavit had already been filed before the Registry and seeks to quash the FIR.

4.The learned Additional Public Prosecutor, on instructions from the Respondent Police, submitted that the identity of the Petitioner and the De-Facto Complainant is acceptable by the Respondent Police.

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https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.17417 of 2022

5.On perusal of the records, it is found that notarised affidavit was filed and a Memo of Compromise was recorded. In the light of the Memo of Compromise filed by both parties, this Criminal Original Petition is allowed and the FIR in Cr.No.185/2022, dated 29.05.2022 on the file of the first respondent Police, is quashed. The Memo of Compromise shall form part of this order. Consequently, connected Miscellaneous Petition is closed.

Index:Yes/No 17.11.2022 cmr To

1.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

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

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https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.17417 of 2022 SATHI KUMAR SUKUMARA KURUP, J.

cmr CRL.O.P(MD)No.17417 of 2022 17.11.2022 4/4 https://www.mhc.tn.gov.in/judis