Allowed

Mariappan v. The Inspector of Police

Madras HC17 Nov 2021CRL OP(MD)/1212/2021

Case brief

AI extract

What is this about?

Petitioners filed a criminal original petition under Section 482 Cr.P.C. to quash proceedings. The defacto complainant, Jayalakshmi, was bedridden but appeared via video conference. She had no objection to quashing, and the parties filed a joint compromise memo. The court held that no purpose would be served in keeping prosecution alive and quashed the proceedings.

What did the court decide?

Impugned proceedings are quashed.

Mariappan Vs The Inspector of Police — Quashing and FIR | Madras HC (2021)

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1 Crl.O.P.(MD)No. 1212 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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Crl.O.P.(MD)No.1212 of 2021

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Mariappan

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Alagarsamy

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Kanthasamy

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Muthalammal

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Gunaseelan ... Petitioners/Accused Nos.1 to 5

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Vs.

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The State rep. By, The Inspector of Police, Kayathar police station, Tuticorin District.

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(Crime No.155 of 2016) ... 1^st Respondent/ Complainant

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Jayalakshmi ... 2^nd Respondent / Defacto Complainant

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Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for records relating to the charge sheet in (*) S.C.No.202 of 2017 on the file of the ()()Additional District Court No.II, Tuticorin and quash the same.

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For Petitioners : Mr.C.Susi Kumar For R-1 : Mr.M.Sakthi Kumar, Government Advocate. For R-2 : Mr.R.Maheswaran

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O R D E R

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This criminal original petition has been filed for quashing the proceedings in (*)S.C.No.202 of 2017 on the file of the ()()Additional District Court No.II, Tuticorin .

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The defacto complainant Jayalakshmi who has been shown as the second respondent is presently bedridden and appeared before this Court through video conferencing. She has been duly identified by Mr.V.Arumugam, SI, attached to Kayathar police station. The defacto complainant has no objection for quashing the impugned proceedings. The parties have filed a joint compromise memo dated https://www.mhc.tn.gov.in/judis 23.11.2020. Since the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive.

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2 Crl.O.P.(MD)No. 1212 of 2021

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Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.

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Sd/-

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Assistant Registrar (CO)

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(*) Amended as per the order of this court dated 07/06/2022 made in Crl.MP(MD).No. 5795/2022 in CRL.OP(MD).No. 1212/2021

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Sd/-

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Assistant Registrar (CS-III)

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()() Amended as per the order of this court dated 01/08/2022 made in Crl.MP(MD).No. 8868/2022 in CRL.OP(MD).No. 1212/2021

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Sd/-

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Assistant Registrar (CS-III)

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PMU

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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.

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() To be Substituted the order already despatched on 26/11/2021 ()(*) To be Substituted the order already despatched on 01/08/2022 To:

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1.The Additional District Court No.II, Tuticorin.

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The Judicial Magistrate No.II, Kovilpatti.

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The Inspector of Police, Kayathar police station, Tuticorin District.

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

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Crl.O.P.(MD)No.1212 of 2021 17.11.2021

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RK/PM(25/11/2021) 2P 4C KB(28/06/2022) 2P 4C https://www.mhc.tn.gov.in/judis RD(16/08/2022) 2P 5C

Mariappan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Mariappan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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