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[Cites 5, Cited by 0]

Madras High Court

S.Sankar vs State Rep. By on 3 February, 2022

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                        Crl.O.P(MD)No.1717 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 03.02.2022

                                                    CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.1717 of 2022
                                        and Crl.M.P.(MD)No.1252 of 2022
                     1.S.Sankar
                     2.A.K.Archunan
                     3.V.Senthil
                     4.K.Marimuthu
                     5.D.Muthukoori                                       ... Petitioners
                                                       Vs.

                     1.State Rep. by
                       The Inspector of Police,
                       Rameswaram Town Police Station,
                       Rameswaram,
                       Ramanathapuram District.
                       Crime No.43 of 2013

                     2.V.Villayutham                                      ... Respondents

                     Prayer: This Criminal Original Petition is filed under Section 482 of
                     Cr.P.C., to call for the records and quash the proceeding of the FIR in
                     Crime No.43 of 2013 on the file of the first respondent police dated
                     24.03.2013 for the alleged offences under Sections 147, 148, 436 of IPC
                     and Section 3 of TNPPDL Act as far as the petitioners are concerned.


                                  For Petitioners   : Mr.T.Thirumurugan
                                  For R1            : Mr.M.Sakthi Kumar
                                                      Government Advocate
                                  For R2            : Mr.A.Kali Doss

https://www.mhc.tn.gov.in/judis
                     1/4
                                                                             Crl.O.P(MD)No.1717 of 2022


                                                      ORDER

This criminal original petition has been filed for quashing the impugned FIR in Crime No.43 of 2013 registered on the file of the first respondent.

2.The defacto complainant/V.Villayutham is present before this Court through video conferencing. He has been duly identified by Mr.D.Karthikraja, Grade-I 724, attached to the first respondent police station. The parties have filed a memo of joint compromise. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. 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. The memo of joint compromise will form part of the order. Consequently, connected miscellaneous petition is closed.

03.02.2022 Index :Yes/No Internet : Yes/No sji https://www.mhc.tn.gov.in/judis 2/4 Crl.O.P(MD)No.1717 of 2022 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 Inspector of Police, Rameswaram Town Police Station, Rameswaram, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis 3/4 Crl.O.P(MD)No.1717 of 2022 G.R.SWAMINATHAN, J.

sji Crl.O.P(MD)No.1717 of 2022 03.02.2022 https://www.mhc.tn.gov.in/judis 4/4