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Madras High CourtCRL OP(MD)/4782/2025allowed

Samy @ Samynathan v. The State Of Tamil Nadu

2025-04-21Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.4782 of 2025

1. Samy @ Samynathan

2. Vicky @ Vigneshwaran

3. Vasanth

4. Maripandi ... Petitioners Vs

1. The State of Tamil Nadu Rep by the Inspector of Police Thiruppuvanam Police Station Sivagangai District.

Crime No.14/2023.

2. Suresh Gopi ... 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.14 of 2023 on the file of the 1st Respondent Police and Quash the same as far as these petitioners are concerned.

For petitioners :Mr.R.Shenbagaraj For R1 : Mr. M.Vaikkam Karunanithi Government Advocate (Crl side) For R2 : Mr.C.Senthil Murugan Page No. 1 of 5

O R D E R

This petition has been filed by the petitioners to call for the records pertaining to the First Information Report in Crime No.14 of 2023 dated 17.01.2023 on the file of the first respondent police, for the offences under Sections 147, 148, 294(b), 324, 506(ii) IPC and quash the same. 2.When the matter was taken up for hearing, the learned counsels on both sides represented that it is a case and case in counter and 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 all 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 close relatives and he has no objection to quash the FIR. A compromise memo, dated 16.04.2025 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 5

respondent police would submit that another victim namely Suryaprabhu not added as a party to the proceedings.

5.At this juncture, the learned counsel for the petitioner would submit that the another victim already died. To this effect, he has also produced the copy of death Certificate of

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

7. Considering the nature of the offences and the relationship between the parties and the parties have also entered into a compromise and recording the submission of both sides, it is appropriate to allow this petition.

8. Recording the said compromise memo, this petition is allowed and the First Information Report in Crime No.14 of 2023 dated 17.01.2023 on the file of the first respondent police is quashed as far as the petitioners are concerned.

21.04.2025 Page No. 3 of 5

NCC : Yes/No Index : Yes / No Internet : Yes / No PNM To 1.The Inspector of Police Thiruppuvanam Police Station Sivagangai District. Crime No.14 of 2023.

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

Page No. 4 of 5

P.DHANABAL,J PNM ORDER IN Crl.OP(MD) No.4782 of 2025 21.04.2025 Page No. 5 of 5