G.Surendhar v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2026
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR 1.G.Surendhar 2.T.Mohan Kumar 3.A.Rajasekar ... Petitioners vs.
1.The Inspector of Police, Ponnerikkarai Police Station, Kanchipuram District.
2.A.Shakthivel 3.N.Deepa Selvaraj ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the charge sheet in C.C.No.6 of 2026 on the file of the Judicial Magistrate II, Kancheepuram and quash the same.
For Petitioners :
Mr.M.Praveen For R1 :
Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor assisted by Ms.Harshana.T For R2 & R3 :
Mr.M.Aloysius Raja Pragash Page No.1 of 22
ORDER
The petitioners, who are facing trial in C.C.No.6 of 2026 for offence under Section 106 BNS before the learned Judicial Magistrate No.II, Kancheepuram, have filed this Quash Petition. 2.Case of the prosecution is that the 2nd respondent lodged a complaint stating that he was working in M/s.V.Sathiyamurthy & Co., Chennai Division and his elder brother A.Nagaraj was working as RMC Plant Incharge Technical Staff in the same company. On 24.05.2025, in Kanchipuram Arignar Anna Cancer Hospital, new RMC Plant was under construction work. A person, who came at 10.30 a.m., switched on the Generator at 12.00 p.m., at that time, the petitioner's elder brother A.Nagaraj unexpectedly got electrocuted and taken to Meenakshi Hospital.
Later, when he was admitted in Kanchipuram Government Hospital, the Doctor who examined him informed that he was brought dead. On the complaint of the 2nd respondent, the 1st respondent Police registered FIR in Crime No.141 of 2025 under Section 194 BNSS on 24.05.2025. 3.Learned counsel for the petitioner submitted that on the complaint of the 2nd respondent, elder brother of the deceased, FIR in Crime No.141 of Page No.
2025 registered and after post-mortem, body was handed to the 2nd respondent. He further submitted that the wife of the deceased/3rd respondent filed a petition before this Court seeking proper investigation and this Court was pleased to directed the Superintendent of Police, Kancheepuram District to monitor the investigation and ensure filing of final report. As per the direction, charge sheet filed before the trial Court and taken on file as C.C.No.6 of 2026. During the pendency of the proceedings, the petitioners came forward to compensate the loss caused due to the accidental death of the 3rd respondent's husband with the following terms.
1. M/s.Sathyamoorthy and Co., undertakes to bear the educational fee of the deceased children viz., N.Dhanu Sri, aged about 10 years studying 5th Std in Sri Arabhindo School, Chennai and N.Kesav, aged about 6 years, studying 1st Std in the same school.
2. M/s.Sathyamoorthy and Co., undertakes to provide the employment to the 3rd respondent in their company.
3. M/s.Sathyamoorthy and Co., undertakes to pay a sum of Rs.7,00,000/- to the 3rd respondent's daughter N.Dhanu Sri and the said amount shall be kept in the Post Office at Kilpennathur, Thiruvannamalai District under Fixed Deposit till she attains majority. Page No.3 of 22
4. M/s.Sathyamoorthy and Co., undertakes to pay a sum of Rs.7,00,000/- to the 3rd respondent's son N.Kesav and the said amount shall be kept in the Post Office at Kilpennathur, Thiruvannamalai District under Fixed Deposit till he attains majority.
5. M/s.Sathyamoorthy and Co., undertakes to pay a sum of Rs.6,00,000/- to the 3rd respondent on humanitarian ground to clear the old debts obtained by her husband.
6. Further M/s.Sathyamoorthy and Co., (Contractor) paid a sum of Rs.1,72,000/- as interim relief to the 3rd respondent. Apart from the above undertaking, M/s.Sathyamoorthy and Co., deposited a sum of Rs.2,45,000/- towards the educational expenses of the 3rd respondent son in Account No.020212251935 at Nazarthpet Post Office, Chennai, IFSC Code: IPOS0000DOP. Similarly, a sum of Rs.3,85,000/- deposited towards the educational expenses of the 3rd respondent daughter in Account No.020212249486 at Nazarthpet Post Office, Chennai, IFSC Code: IPOS0000DOP. As per the above undertaking, M/s.Sathyamoorthy and Co., deposited a sum of Rs.7,00,000/- each to the Post Office Account of the 3rd respondent children and also handed over the demand draft of Rs.6,00,000/- to the 3rd respondent. To confirm the same, a memo dated 27.03.2026 filed Page No.4 of 22
before this Court. In support of the compromise, a joint compromise memo filed before this Court and the same signed by the petitioners and the 3rd respondent/victim. In view of the above, this Court may quash the proceedings against the petitioners.
4.Learned Additional Public Prosecutor appearing for the 1st respondent Police submitted that on 24.05.2025, the 3rd respondent's husband died due to electrocution in M/s.V.Sathiyamurthy & Co., Chennai Division. On the complaint of the 2nd respondent, brother of the deceased, FIR registered and as per the directions of this Court, investigation completed and charge sheet filed before the trial Court. During the pendency of the trial proceedings, the parties arrived at a settlement and compromised the issue. The death of the deceased is by electrocution happened during the course of employment. The ....... of the main not following the safety procedure and further due to other attending factors, it is an accidental death. Considering the same, this Court may pass appropriate order.
5.Learned counsel for the respondents 2 and 3 reiterated the petitioners' submissions and further submitted that the respondent 2 and 3 Page No.5 of 22
are satisfied with the compensation of the petitioners and they are willing to withdraw the complaint against the petitioners. 6.This Court considered the submissions and perused the materials available on record.
7.Today the petitioners and the respondents 2 and 3 are appeared before this Court and their identify confirmed by Mr.B.Lakshmipathy, Special Sub Inspector of Police attached to the 1st respondent Police Station. This Court had interaction with the 3rd respondent/victim who informed that the petitioners complied with the undertaking given and she is not inclined to further proceed with the case and ready to withdraw the complaint. 8.Scanned reproduction of (i)Proof of payment of Rs.6,00,000/- to the 3rd respondent, (ii)Proof of deposit of Rs.7,00,000/- each to the Post Office Account of the 3rd respondent's children, (iii)Proof of deposit of Rs.2,45,000/- & Rs.3,85,000/- to the Post Office Account of the 3rd respondent's children towards educational expenses, (iv)Memo filed by the petitioners for payment of Rs.2,45,000/- & Rs.3,85,000/- to the Post Office Account of the 3rd respondent children towards educational expenses, Page No.6 of 22
(v)Additional Affidavit filed by the 3rd respondent and (vi)Joint Memo of Compromise are as follows:
Page No.7 of 22
Page No.8 of 22
Page No.9 of 22
Page No.10 of 22
Page No.11 of 22
Page No.12 of 22
Page No.13 of 22
Page No.14 of 22
Page No.15 of 22
Page No.16 of 22
Page No.17 of 22
Page No.18 of 22
Page No.19 of 22
9.As per the undertaking given by the petitioners, a sum of Rs.20,00,000/- paid to the wife and children of the deceased. Apart from that, M/s.Sathyamoorthy and Co., paid Rs.1,72,000/- as interim relief to the 3rd respondent and also deposited Rs.2,45,000/- & Rs.3,85,000/- to the Post Office Account of the 3rd respondent children towards educational expenses. 10.Under such circumstances, no useful purpose will be served in keeping the proceedings pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., is inclined to quash the proceedings.
Page No.20 of 22
11.In the result, this Criminal Original Petition stands allowed and the proceedings in C.C.No.6 of 2026 on the file of the Judicial Magistrate No.II, Kancheepuram is hereby quashed against the petitioners. 27.03.2026 Index: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Judicial Magistrate No.II, Kancheepuram.
2.The Inspector of Police, Ponnerikkarai Police Station, Kanchipuram District.
3.The Public Prosecutor, Madras High Court.
Page No.21 of 22
M.NIRMAL KUMAR, J.
vv2 27.03.2026 Page No.22 of 22