Nachiyappan v. State Of Tamilnadu Rep By Inspector Of Police, Thirunagar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD).No.5964 of 2026 Nachiyappan .. Petitioner - Vs. -

1. State of Tamilnadu Rep by, The Inspector of Police, Thirunagar Police Station, Madurai District.

Crime No.154/2022.

2. Rajangam

3. Muthalagu .. Respondents Prayer : To Call for the entire records pertaining to the Charge sheet in S.C.No.179 of 2023 on the file of the Additional Chief Judicial Magistrate Court, Madurai and Quash the same and thus render justice. For Petitioner : Mr.S.Prabhu For R1 : Mr.A.Albert James, Government Advocate(crl. Side) 1/4

For R2 & R3 : Mr.C.Selvakumar

ORDER

The present Criminal Original Petition has been filed by the petitioners/sole accused in S.C.No.179 of 2023 on the file of the Additional Chief Judicial Magistrate Court, Madurai, seeking to quash the charge sheet wherein the petitioner has been charged for the offence under Sections 294(B), 452, 307 & 506(ii) of IPC.

2. A perusal of the charge sheet reveals that the sole accused is the father-in-law of the victim and he is said to have attacked his son-in-law with an Aruval in the neck portion and he had sustained injuries. Perusal of 161 statement of the Doctor reveals that he had given certificate to the effect that the injuries are simple in nature.

3. In the said view of the matter, it is clear that the ingredients of Section 307 IPC are not made out, but only the ingredients of Section 326 IPC are made out. The Supreme Court in 2024 (2) SCC 78 has held that in cases where the accused charged for the offence under Section 307 2/4

IPC, but only the offence under Section 326 IPC is made out, the parties may be permitted to enter into compromise.

4. Pending trial, the parties have entered into compromise and a Joint Compromise Memo has been filed, wherein the de-facto complainant agreed for quashing of the charge sheet. Today, the de-facto complainant is present in person and she also acknowledges the fact that she has agreed for quashing of the charge sheet.

5. In view of the above said facts, charge sheet in S.C.No.179 of 2023 on the file of the Additional Chief Judicial Magistrate Court, Madurai, is hereby quashed. Consequently, the criminal original petition is allowed. The Joint Compromise Memo filed by the parties shall be treated as part and parcel of this order.

30.03.2026 Index : Yes / No Internet : Yes / No PJL 3/4

R.VIJAYAKUMAR , J.

PJL To

1. The Additional Chief Judicial Magistrate Court, Madurai.

2. The Inspector of Police, Thirunagar Police Station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P(MD).No.5964 of 2026 30.03.2026 4/4