Sureshkumar @ Suresh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Sureshkumar @ Suresh

2. Muthusamy @ Ravi

3. Maruthupandi

4. Muthukumar

5. Saravanan

6. Muthukumar

7. Karuthapandi @ Pandieswaran (Original Name is Pandieswaran)

8. Muthupandi

9. Irulappan ... Petitioners Vs.

1. The State of Tamil Nadu, Represented by the Inspector of Police, Sipcot Police Station, Manamadurai, Sivagangai District.

(In Crime No.195 of 2020)

2. Kamalarajan

3. Muthuraman ... Respondents Page no.1/5

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the proceedings in C.C.No.900/2022 on the file of the learned Judicial Magistrate Court, Manamadurai, Sivagangai District and quash the same. For Petitioners : Mr.R.Balamuruganantham For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) For R2 : Mr. U.M.Berdin Vinodh

ORDER

This petition has been filed by the petitioners to call for the records pertaining to the proceedings in C.C.No.900 of 2022 on the file of the learned Judicial Magistrate Court, Manamadurai, Sivagangai District and quash the same.

2. The prosecution case is that the defacto complainant is that on 18.06.2020 at about 5.30 p.m., while the defacto complainant along with his father engaged in cutting a July flora tree as per tender, at that time, the accused persons have visited and attacked the father of the defacto complainant with Billhook, Stick, Wooden log. Due to which, the father of the defacto complainant has sustained injuries and thereby, he lodged a complaint before the first respondent. Based on the said complaint, F.I.R has been registered in Crime No.195 of 2020 for the offences under Page no.2/5

Sections 147, 148, 294 (b), 324, 427 and 506(2) of the Indian Penal Code, 1860 and thereafter, the matter has been elaborately investigated and after investigation, the final report has been filed as against the petitioners. Now the case is pending for trial. At this stage, the petitioners have filed this quash petition.

2. The learned Counsel appearing for the petitioners would submit that during the pendency of the petition, the matter has been compromised between the parties and the petitioners also tendered apology with the defacto complainant and thereby, the matter has been amicably settled between the parties and also filed a compromise memo.

3. The 2nd respondent / defacto complainant has appeared before this Court as in person along with his counsel and he also expressed his willingness and stated that already matter has been settled between the parties and therefore, he has no objection to allow this petition.

4. The learned Government Advocate (Crl.Side) appearing for the first respondent police would submit that the petitioners have so many previous cases and therefore, he strongly opposed to quash the proceedings. Page no.3/5

5. This Court has perused the terms of the compromise memo. Though the petitioners are having previous cases and as far as this case is concerned, all the offences are not serious in nature, it is appropriate to allow this petition.

6. Accordingly, this Criminal Original Petition stands allowed and the proceedings as against the petitioners in C.C.No.900 of 2022 on the file of the learned Judicial Magistrate Court, Manamadurai, Sivagangai District is quashed.

25.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac Page no.4/5

P. DHANABAL , J., mac To

1. The Judicial Magistrate Court, Manamadurai ,Sivagangai District.

2. The Inspector of Police, Sipcot Police Station, Manamadurai, Sivagangai District.

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

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