Karnan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.5599 of 2025
1. Karnan
2. Jeya Bharathan
3. Ayyanar
4. Alagarsamy
5. Ramesh @ Ramesh Kumar
6. Ramakrishnan
7. Moorthi @ Krishnamoorthi
8. Sathiskumar
9. Kanthasamy
10. Manikandan @ Pugalendran
11. Thiruppathi
12. Sekar
13. Parthipan
14. Jeyaraman Page No. 1 of 7
15. Thirumalaikumar
16. Maya
17. Gopal @ Gopalakrishnan
18. Katturaja@ Muthu
19. Ramakrishnan
20. Padmanathan
21. Gopal
22. Karmegam
23. Ramasamy
24. Kumutham @ Kumuthavalli
25. Lakshmi
26. Irulayee
27. Selvi
28. Karuppayee
29. Maruthupandian
30. Selvi @ Kalaiselvi
31. Ganesan @ Ganeshkumar
32. Diwagar @ Diwagaran
33. Thiruppathi Page No. 2 of 7
34. Mathavan
35. Murugan ... Petitioners Vs
1. The State of Tamilnadu, Rep by the Inspector of Police, Abiramam Police Station, Ramanathapuram District.
Crime No.8 of 2020.
2. Kanthasamy ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records in C.C.No.240 of 2023 on the file of the Learned Judicial Magistrate, Kamuthi, Ramanathapuram District and Quash the same. For petitioners : Mr.A.Uthaya Kumar, For R1 : Mr. M.Vaikkam Karunanithi Government Advocate (Crl side) For R2 : Mr.A.Senthur Pandi ***** Page No. 3 of 7
O R D E R
This petition has been filed by the petitioners to call for the records pertaining to C.C.No.240 of 2023 on the file of the Judicial Magistrate, Kamuthi, Ramanathapuram District for the offences under Sections 147, 148, 341, 294(b), 324, 323, 336, 506(ii) and 427 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.8 of 2020 and quash the same.
2. According to the petitioners, based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 8 of 2020 for the offences under Sections 148, 341, 294(b), 324, 323, 336, 506(ii) and 427 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.
3. When the matter was taken up for hearing, the learned counsels on both sides represented that during pendency of the case in C.C.No.240 of 2023, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.
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4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that in this case, one Muthusamy also sustained injuries but he has not been added as a party in this petition and his whereabouts are also not known. He would further submit that in the case in S.T.C.No.4 of 2024, a non bailable warrant also pending against the said Muthusamy.
5.The learned Counsel for the petitioner also admitted the submission made by the learned Government Advocate (Crl.Side) and submitted that the said Muthusamy is not in town for the past five years.
6. Today, the defacto-complainant and all the accused are present and the Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise. A compromise memo, dated 26.03.2025 signed by the parties and their respective counsels, is also filed before this Court.
7. This Court has perused the terms of the compromise memo. Page No. 5 of 7
8. Considering the nature of the offences and also taking note of the fact that the said Muthusamy has sustained only simply injury and he is not available in the locality and the parties have also entered into a compromise, it is appropriate to allow this petition.
9. Recording the said compromise memo, this petition is allowed and C.C.No.240 of 2023 on the file of the Judicial Magistrate, Kamuthi, Ramanathapuram District is quashed.
02.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No LR To 1.The Judicial Magistrate, Kamuthi, Ramanathapuram District.
2. The State of Tamilnadu, Rep by the Inspector of Police, Abiramam Police Station, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J LR Crl.OP(MD) No.5599 of 2025 02.04.2025 Page No. 7 of 7