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HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, J
Pravinkumar – Appellant
Versus
The Inspector – Respondent
CRL OP(MD)/20697/2021
A criminal prosecution can be quashed if the parties have filed a joint compromise memo and the defacto complainant does not want to pursue the matter.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - COMPROMISE - PARTIES HAVE FILED A JOINT COMPROMISE MEMO - DE FACTO COMPLAINANT DOES NOT WANT TO PURSUE THE MATTER - NO PURPOSE WILL BE SERVED IN KEEPING THE IMPUGNED PROSECUTION ALIVE - IMPUGNED PROCEEDINGS ARE QUASHED.
Fact of the Case:
The petitioners filed a criminal original petition for quashing the impugned proceedings. The defacto complainant Mathavi was present before the Court through video conferencing and she stated that she does not want to pursue the matter.
Finding of the Court:
The Court found that since the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive.
Issues: Whether the impugned proceedings should be quashed.
Ratio Decidendi: The Court held that the impugned proceedings should be quashed as the defacto complainant does not want to pursue the matter.
Final Decision: The Court allowed the criminal original petition and quashed the impugned proceedings.
CRL.O.P.(MD)NO.20697 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.20697 of 2021 and
CRL.M.P.(MD)No.11797 of 2021
1. Pravinkumar
2. Balamurugan
3. Valarmathi
... Petitioners
Vs.
1. The Inspector of Police,
AWPS – Samayanallur police station,
Madurai District.
(Crime No.14 of 2021)
2. Mathavi
... Respondents
Prayer: Criminal Original petition is filed under Section 482
of Cr.P.C, to call for the records pertaining to the case in
C.C.No.118 of 2021 on the file of the learned Judicial Magistrate
Court, Vadipatti, Madurai District and quash the same against the
petitioners concerned.
For Petitioners
: Mr.J.Vishnu
For R-1
: Mr.M.Sakthi Kumar,
Government Advocate (Crl. Side).
For R-2
: Mr.G.Velumani
* * *
O R D E R
Heard the learned counsel on either side.
2. This criminal original petition has been filed for quashing
the impugned proceedings.
3. The defacto complainant Mathavi is present before this Court
through video conferencing. She has been duly identified by
Ms.J.Saranya, WG1-709, attached to the first respondent police
station and the same has been duly confirmed by Mr.M.Sakthi Kumar,
learned Government Advocate. The parties have filed a joint
compromise memo. The defacto complainant states that she does not
want to pursue the matter.
4. Since the defacto complainant herself does not want to
pursue the matter, no purpose will be served in keeping the impugned
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CRL.O.P.(MD)NO.20697 OF 2021
prosecution alive. Therefore, the impugned proceedings are quashed.
This criminal original petition is allowed. The joint compromise
memo filed by the parties shall form part of the record.
Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(AD-II)
// True Copy //
/ /2022
Sub Assistant Registrar(CS)
PMU
ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.
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 Judicial Magistrate,
Vadipatti, Madurai District.
2. The Inspector of Police,
AWPS – Samayanallur police station,
Madurai District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.20697 of 2021
12.01.2022
SB(CO)
TR(17.02.2022) 2P 4C
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