Subramanian v. State Of Tamilnadu Rep By Inspector Of Police, Kadayanallur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.03.2026

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR CRL.O.P(MD)No.2702 of 2026 and CRL.M.P(MD)Nos.3012 and 3014 of 2026 Subramanian ... Petitioner/Sole Accused .Vs.

1.The State of Tamil Nadu, The Inspector of Police, Kadayanallur Police Station, Kadayanallur, Tenkasi District (Crime No.48 of 2023) ...Ist Respondent/Complainant 2.Punamalai ... IInd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 528 of BN SS, 2023, praying this Court to call for the records in S.T.C.No.1308 of 2023, on the file of learned Judicial Magistrate,Tenkasi for the alleged offences under Sections 279 and 337 of IPC in Crime No.48 of 2023 and to quash the same.

For Petitioner : Mr.C.Rathinavel Pandian 1/6

For Respondent-1 : Mr.A.Albert James Govt. Advocate(Crl.side) For Respondent-2 : No appearance

O R D E R

The Petition has been filed by the sole accused in S.T.C.No.S.T.C.No.1308 of 2023, on the file of learned Judicial Magistrate,Tenkasi, wherein, the Petitioner has been charged with the offence under Sections 279 and 337 of IPC. 2.A Perusal of the charge sheet reveals that the Petitioner is said to have driven Honda Eon Car in a rash and negligent manner and while he was turning towards eastern side of the road, he dashed against the two wheeler driven by the defacto complainant and caused simple injuries to him. 3.According to the learned counsel for the Petitioner, the medical records clearly reveal that the defacto complainant had sustained only simple injuries. He further submitted that the Motor Vehicle Inspector's report and Observation Mahazar are quite contrary to the charge sheet as against the Petitioner. He futher submitted that the defacto complainant had filed M.C.O.P.NO.177 of 2023 before the Principal Sub-Court, Tenkasi 2/6

and the same was settled in Lok Adalat on 13.12.2025 and an award of Rs.60,000/- was made.There is no damage to the vehicle of the defacto complainant as per the Motor Vehicle Inspector's Report. Therefore he prayed for quashing of the charge sheet. 4.Though the defacto complainant has been served and his name is printed in the cause list, there is no appearance on behalf of him either in person or through counsel. Hence, this Court proceeds to decide the case on merits on the basis of the submissions of the learned counsel for the Petitioner. 5.A perusal of the charge sheet reveals that the Petitioner is alleged to have driven his four wheeler in a rash and negligent manner and dashed against the defacto complainant and caused simple injuries.

The defacto complainant who is said to have sustained simple injuries, received compensation to the tune of Rs. 60,000/- towards settlement in Lok Adalat. He has not chosen to appear before this Court for defending the quashing of the charge sheet as against the Petitioner. In such circumstances, no useful purpose will be served in directing the Petitioner to undergo the ordeal of trial.

6.Considering the above said fact that the defacto 3/6

complainant has sustained simple injuries and has also received compensation in Lok Adalat, this Court is inclined to quash the charge sheet, as aforesaid.

7.Accordingly, the charge sheet in S.T.C.No.1308 of 2023, on the file of learned Judicial Magistrate,Tenkasi is quashed and the Criminal Original Petition stands allowed. Consequently, connected Miscellaneous Petitions are closed. 25.03.2026 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn Note:Issue order copy on 26.03.2026(tomorrow) To 1.The Judicial Magistrate, Tenkasi 2.The Inspector of Police, Kadayanallur Police Station, Kadayanallur, Tenkasi District (Crime No.48 of 2023) Copy to The Additional Public Prosecutor, 4/6

Madurai Bench of Madras High Court, Madurai.

5/6

R.VIJAYAKUMAR.,J.

vsn ORDER MADE IN CRL.O.P(MD)No.2702 of 2026 and CRL.M.P(MD)Nos.3012 and 3014 of 2026 25.03.2026 6/6