V.Chinnadurai v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.14256 of 2025 and Crl.M.P.No.9827 of 2025 V.Chinnadurai ... Petitioner Vs.

1. The State represented by, The Inspector of Police, Saravanampatty Police Station, Coimbatore District.

2. Ganesan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records pertaining to the case in P.R.C.No.25 of 2024 on the file of the learned Judicial Magistrate No.II, Coimbatore -South, Coimbatore and quash the same.

For Petitioner : Mr.S.Sivakumar For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This criminal original Petition has been filed to to call for the records petaining to the case in P.R.C.No.25 of 2024 on the file of the learned Judicial Magistrate No.II, Coimbatore -South, Coimbatore and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent-Police and perused the materials available on record.

3. Learned counsel for the petitioner submitted that the parties entered into a compromise and amicably settled the matter. Hence, he prayed to quash the case pending against the petitioner.

4. Upon reviewing the materials, it is found that the respondentPolice registered a case against the petitioner for the offences under Sections 307, 120B, 109 of the IPC. The petitioner arrayed as A1. The Hon'ble Supreme Court has held that if the offence occurs in a private place, the party can enter into compromise and the case can be settled or compromise can be recorded. Whereas, if the offence is against the society or is grave in nature, it cannot be compromised. 5.In the present case, though the parties have entered into a

compromise, the offence is grave in nature and it affects the society. Hence this Court cannot allow the compromise petition and quash the case on that ground.

6. Considering the facts and circumstances of the case, and the gravity of the offence, this Court is not inclined to quash the case. However, the petitioner is at liberty to workout his remedy before the trial court.

7. In view of the same, this criminal original Petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.

03.06.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Judicial Magistrate No.II, Coimbatore -South, Coimbatore

2. The Inspector of Police, Saravanampatty Police Station, Coimbatore District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa Crl.O.P.No.14256 of 2025 and Crl.M.P.No.9827 of 2025 03.06.2025