Kannan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL 1.Kannan 2.Suba 3.Mathi

...Petitioners

Vs.

1.The State of Tamil Nadu, Rep. by The Deputy Superintendent of Police, Ponnamaravathi Sub-Division, Pudukkottai District.

2.The State of Tamil Nadu, Rep. by The Sub-Inspector of Police, K.Puduppatti Police Station, Pudukkottai District.

(Crime No.105 of 2024) 3.K.Arumugam

...Respondents

PRAYER: Criminal Original petition has been filed under Section 528 of BNSS, 2023, to call for the records relating to the charge sheet in Spl.S.C.No.51 of 2024 on the file of Special Court for SC/ST Case (PCR Court), Pudukkottai in Crime No.105 of 2024 on the file of the 2nd respondent police and quash the same.

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For Petitioners : Mr.J.Anandkumar For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R3 : Mr.K.Vignesh Kumar

O R D E R

This petition has been filed by the petitioners / Accused Nos.1, 2 and 3 to call for the records pertaining to Special S.C.No.51 of 2024 on the file of Special Court for SC/ST Case (PCR Court), Pudukkottai for the offences under Sections 296(b), 115(2) of BNSS, 2023, 3(1)(r), 3(1) (s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.105 of 2023 and quash the same.

2. When the matter was taken up for hearing, the learned counsels on both sides represented that 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.

3. The defacto-complainant and the Accused Nos.1, 2 and 3 are present and this Court enquired about the terms of compromise. The 2/5

defacto-complainant represented that they entered into a compromise and he has no objection to allow this petition. A compromise memo, dated 03.03.2025 signed by the parties and their respective counsels, is also filed before this Court. A counter case was also lodged and F.I.R in Crime No.104 of 2024 has been registered for the offences under Sections 132, 121(1) of BNSS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and in the counter case also they entered into a compromise.

4. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that already the victim had received compensation of Rs.1,80,000/-. As far as the compensation is concerned, the Government has to take appropriate decision.

5. This Court has perused the terms of the compromise memo dated 03.03.2025.

6. Considering the nature of the offences and they have also entered into a compromise, it is appropriate to allow this petition. 3/5

7. Recording the said compromise memo dated 03.03.2025, this petition is allowed and Spl.S.C.No.51 of 2024 on the file of the on the file of Special Court for SC/ST Case (PCR Court), Pudukkottai is quashed.

19.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac To 1.The Deputy Superintendent of Police, Ponnamaravathi Sub-Division, Pudukkottai District.

2.The Sub-Inspector of Police, K.Puduppatti Police Station, Pudukkottai District.

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

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P. DHANABAL, J.

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