Vallinayagaperumal v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL.O.P(MD) No.3852 of 2025 and CR.M.P(MD) No.2703 of 2025

1. Vallinayagaperumal

2. Essakimuthu

3. Subramanian ... Petitioners Vs.

1. The State of Tamil Nadu, Represented by the Deputy Superintendent of Police, Thoothukudi Rural, Thoothukudi District.

2. The Inspector of Police, Pudukkotti Police Station, Thoothukudi District.

Crime No. 83/2025.

3. Prammasakthi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the entire records pertaining to the case in Crime No. 83/2025 on the file of the Inspector of Police, Pudukkottai police station, Thoothukudi District and Page No. 1 of 4

quash the same as against the petitioners.

For Petitioners : Mr.S.Gomathi Manikandan For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. side) For R3 : Mr.Pandian

O R D E R

This petition has been filed by the petitioners / Accused No.1 - 3 to call for the records pertaining to the First Information Report in Crime No.83 of 2025 dated 15.02.2025 on the file of the first respondent police, for the offences under Sections 296(b), 115(2), 118(1) and 351(3) of BNSS, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC / ST (Prevention of Atrocities) Act, 1989 and quash the same.

2. When the matter was taken up for hearing, the learned counsels 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 all the accused are present and this Court enquired about the terms of compromise. The defacto-complainant Page No. 2 of 4

represented that they entered into a compromise and he has no objection to quash the FIR. A compromise memo signed by the parties and their respective counsel, is also filed before this Court. A counter case was also lodged and F.I.R in Crime No.80 of 2025 has been registered for the offences under Sections 126(2), 296(b), 115(2), 118(1), 351(3) and 3(5) of BNSS, 2023 and in the counter case also they entered into a compromise.

4. This Court has perused the terms of the compromise memo.

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

6. Recording the said compromise memo, this criminal original petition is allowed and the First Information Report in Crime No.83 of 2025 dated 15.02.2025 on the file of the first respondent police is quashed. Consequently, connected miscellaneous petition is closed. 26.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

1. The Deputy Superintendent of Police, Thoothukudi Rural, Thoothukudi District.

2. The Inspector of Police, Pudukkotti Police Station, Thoothukudi District.

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

CRL.O.P(MD) No.3852 of 2025 and CR.M.P(MD) No.2703 of 2025 26.03.2025 Page No. 4 of 4