J.Senthilkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.3180 of 2025 J.Senthilkumar ... Petitioner Vs

1. The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City, Crime No. 26/2024

2. Vijayarani ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the impugned FIR in Crime No. 26 of 2024 on the file of the respondent police and quash the same.

For petitioner :Mr.Ramakrishnan S, For R1 : Mr. M.Vaikkam Karunanithi Government Advocate (Crl side) For R2 : Mr.S.Paul Murugesh Page No. 1 of 6

O R D E R

This petition has been filed by the petitioner to call for the records pertaining to the First Information Report in Crime No.26 of 2024 dated 17.12.2024 on the file of the first respondent police, for the offences under Sections 498(A) of IPC and quash the same.

2. When the matter was taken up for hearing, the learned counsel on both sides represented that the matter has also been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

3. The defacto-complainant and the accused are present and this Court enquired about the terms of compromise. The defacto-complainant represented that they entered into a compromise as they are husband and wife and she has no objection to quash the FIR. A compromise memo, dated 18.02.2025 signed by the parties and their respective counsel, is also filed before this Court.

4.The learned Government Advocate (Crl.Side) appearing for the Page No. 2 of 6

respondent police would submit that in this case, after completion of investigation, charge sheet has been filed.

5. This Court has perused the terms of the compromise memo. 6.Though final report is filed by the respondent police, no cognizance was taken by the concerned Magistrate. Therefore, considering the nature of the offences and the relationship between the parties and they have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed and the First Information Report in Crime No.26 of 2024 dated 17.12.2024 on the file of the first respondent police is quashed. The compromise memo dated 18.02.2025 filed by the parties shall form part of this order.

20.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No LR Page No. 3 of 6

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To

1. The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J LR Crl.OP(MD) No.3180 of 2025 20.02.2025 Page No. 6 of 6