Eswaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2025
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Crl.O.P.(MD).No.6673 of 2023 and Crl.M.P.(MD).Nos.5799 & 5800 of 2023 Eswaran ... Petitioners/Accused Vs.
1.The State Rep. by its, The Inspector of Police, Cumbum South Police Station, Theni District.
Crime No.305/2019 ... 1st Respondent/Complainant 2.Karthiga D/o.Marisamy ...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code/Section 528 of BNSS, 2023, to call for the records relating to the proceedings in C.C.No.251 of 2021 on the file of the learned Judicial Magistrate, Uthamapalayam, Theni District and quash the same as against the petitioner.
For Petitioner : Mr.M.Karuppasamy Pandian For R-1 : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) For R-2 : Mr.S.Ramu 1/12
ORDER
The petitioner seek to quash the final proceedings in C.C.No.251 of 2021 on the file of the learned Judicial Magistrate, Uthamapalayam, Theni District, which was filed for the offences under Sections 294(b), 325 & 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002.
2. The allegation in the final report is that the second respondent married the petitioner in the year 2006 and they have blessed with two children. Due to misunderstanding the petitioner filed a divorce petition at Chennai and due to which on 01.07.2019 at about 06.00p.m., the petitioner came to the house of the second respondent and abused her by using filthy language and also threatened her to give divorce and broken the defacto-complainant's right hand and thus, committed the aforesaid offences.
3. Admittedly, the petitioner and the second respondent are the husband and wife. Initially, complaint was made by the second respondent against this petitioner, in which FIR was registered and the same was taken on file in C.C.No.251 of 2021 on the file of the Judicial Magistrate, Uthamapalayam. In the meantime, the petitioner filed a divorce petition in HMOP.No.580 of 2017 on the file of the Sub Court, Poonamalli and the same was transferred to the 2/12
Sub Court, Uthamapalayam, Theni District in HMOP.No.54 of 2025 and the same is pending. Subsequently, this petitioner and the second respondent has filed a divorce by mutual consent in HMOP.No.55 of 2025 on the file of Sub Court, Uthamapalayam, Theni and mutual divorce was granted on 25.09.2025. Now, the parties have entered into a compromise and decided to give a quietus to the entire dispute. The parties have filed a joint compromise memo dated 19th September 2025 and the scanned copy of the compromise memo reads as follows:
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4. The petitioner, namely, R.Eswaran (Aadhaar No.2277 2517 3805) and the second respondent, namely, E.Karthika (Aadhaar No.7400 4863 7218) are present before this Court in person. They are identified by the Registry and the Counsels appearing on either side. All the parties confirmed the compromise arrived at between them.
5. In view of the same and considering the nature of the offences and the relationship between the parties, this Court is of the view that no useful purpose would be served by keeping the impugned final report pending trial. Accordingly, the impugned proceedings in C.C.No.251 of 2021 pending on the file of learned Judicial Magistrate, Uthamapalayam, Theni District is hereby quashed and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 26.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No gvn 11/12
S.SRIMATHY, J.
gvn To 1.The Judicial Magistrate, Uthamapalayam, Theni District.
2.The Inspector of Police, Cumbum South Police Station, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD).No.6673 of 2023 26.09.2025 12/12