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Madras High CourtCRL OP(MD)/1620/2024allowed

Senthilkumaran @ Senthil v. The Inspector Of Police

2025-09-15Honourable Mr Justice Sunder Mohan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN 1.Senthilkumaran @ Senthil 2.Valarmathi 3.Pandiyaramu 4.Ravi @ Ravishankar 5.Balaji ... Petitioners Vs.

1.The State rep. by The Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime No.221 of 2007) 2.Thiraviyaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for the records relating to the charge sheet in S.C.No.263 of 2021 on the file of the learned Sub Judge, Melur and quash the same as against the petitioners/A1 to A5 herein.

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For Petitioners : Mr.K.C.Ramalingam For R1 : Mr.R.Meenakshi Sundaram Additiona Public Prosecutor For R2 : Mr.P.Vikram *****

O R D E R

The Criminal Original Petition has been filed to quash the final report in S.C.No.263 of 2021 on the file of the learned Sub Judge, Melur, which was filed for the offences punishable under Sections 147, 148, 341, 294(b), 324, 307 and 506(ii) of IPC.

2. The allegation in the final report is that on 15.08.2007 at about 09:00 p.m., during a temple festival, a dispute arose between the first petitioner and the second respondent/defacto complainant; that when the second respondent/defacto complainant was on his way to his house, the petitioners intercepted him; that the first petitioner attacked him with a knife, causing injuries; that when the wife of the second respondent/defacto complainant intervened, the first, fourth, and fifth petitioners attacked her, causing injuries and thus committed the aforesaid offences.

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3. Admittedly, the petitioners and the second respondent belong to the same village and have now entered into a compromise, deciding to give a quietus to the entire dispute. The parties have filed a joint compromise memo dated 14.03.2025. A scanned copy of the compromise memo reads as follows:

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4. The petitioners, namely, (1) Senthilkumaran @ Senthil [Aadhaar No.6695 0980 8402], (2) Valarmathi [Aadhaar No.3454 1058 4245], (3) Pandiyaramu [Aadhaar No.7644 2581 2815], (4) Ravi @ Ravishankar [Aadhaar No.6584 0335 8512], (5) Balaji [Aadhaar No. 2662 5160 1758], and the second respondent/defacto complainant, namely, Thiraviyaraj [Aadhaar No.8867 4319 8576], are present before this Court in person. They are identified by Mr.Kabir Oli, Sub Inspector of Police, Kottampatti Police Station, Madurai District. All the parties confirmed the compromise arrived at between them.

5. The learned counsel for the petitioners would submit that although the offence under Section 307 of the IPC has been charged, the allegations would show that there was no intention to cause the death of any person.

6. The evidence discloses that there were simple injuries on the hands of the victim and therefore, the offence under Section 307 of the IPC would not be made out. Considering the same and also considering the fact that the petitioners and the second respondent are close relatives, this Court is of the view that no useful purpose would be served in Page No. 6 of 8

keeping the impugned final report pending trial. Accordingly, the impugned final report in S.C.No.263 of 2021 on the file of the learned Sub Judge, Melur, is quashed. The Criminal Original Petition stands allowed.

15.09.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:

1.The Sub Judge, Melur.

2.The Inspector of Police, Kottampatti Police Station, Madurai District.

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

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SUNDER MOHAN , J.

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