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Madras High CourtCRL OP(MD)/5297/2025allowed

Arunachalapandi v. The State Of Tamilnadu

2025-11-07Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.MP(MD)Nos.3825 and 3826 of 2025 Arunachalapandi, ... Petitioner Vs.

1. The State of Tamilnadu, Rep by the Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District.

Crime No.29 of 2024.

2. Amaravathi, ... Respondents PRAYER :- This Petition is filed under Section 528 BNSS, to call for the records relating to the Impugned Charge sheet in C.C.No.108 of 2024 on the file of the Judicial Magistrate Court, Valliyoor, Tirunelveli District and quash the same.

For Petitioner : Mr. Rajeshwaran. K, For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor for R1 : Mr.C.Jeganathan for R2 1/5

ORDER

The petitioner seeks to quash the final report registered for the offences under Section 394 I.P.C.

2. The allegation in the final report is that on 30.01.2024, at about 05.45 a.m., the petitioner had committed robbery of 11 sovereigns of gold chain from the defacto complainant and thus, committed the aforesaid offences.

3. The learned counsel for the petitioner would submit that the petitioner is not a habitual offender; that the petitioner and the defacto complainant belong to same village and they have now entered into a compromise and decided to give a quietus to the entire dispute. The parties have filed a joint compromise memo dated 26.03.2025.

4. The petitioner and the second respondent are present before this Court in person. They are identified by Mr.V.Jiji Kumar, HC962, Thirukkurungudi Police Station, Tirunelveli District. All the parties confirmed the compromise arrived at between them. 2/5

5. The learned counsel for the petitioner would submit that though the petitioner has been charged under Section 394 I.P.C., considering the aforesaid stand taken by the defacto complainant and since the parties belong to same village and the petitioner has no previous antecedent, the compromise memo may be accepted.

6. The defacto complainant herself does not wish to pursue the case. She would further state that she is unable to identify the accused. The petitioner is not an habitual offender. Considering all the above facts, this Court is of the view that no useful purpose would be served by keeping the impugned final report pending trial. Accordingly, the impugned final report is quashed and the Criminal Original Petition stands allowed.

The joint compromise memo dated 26.03.2025 shall form part of the order. Consequently, connected Miscellaneous Petitions are closed. The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (Account No.10767823177, IFSC Code: 3/5

SBIN0000898, MICR Code: 625002601) and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 07.11.2025 Index: Yes/ No Speaking Order / Non-Speaking Order LS/ars TO

1. The Judicial Magistrate, Valliyoor, Tirunelveli District 2.The Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District.

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

4/5

SUNDER MOHAN,J.

LS/ars CRL OP(MD) No.5297 of 2025 07.11.2025 5/5