Mahesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL 1.Mahesh 2.Selvakumar 3.Suhumar 4.Rameshkumar 5.Murugan 6.Prasanth 7.Paramasivan 8.Pazanivelrajan 9.Ramesh @ MGR 10.Mariappan 11.Muthucheziyan 12.Palraj 13.Ganesan 14.Arul 15.Palraj 16.Karthikeyan ... Petitioners Vs.
1.The State of Tamil Nadu 1/5
rep. by the Inspector of Police, Palayamkottai Police Station, Tirunelveli.
(Crime No.204 of 2018) 2.Rajamani.
... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records and quash the proceedings in C.C.No.256 of 2019 on the file of the learned Judicial Magistrate No.I, Tirunelveli as against this petitioner.
For petitioners : Mr.Niresh Kumar For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.Balasubramanian *****
O R D E R
This petition has been filed by the petitioners to call for the records pertaining to C.C.No.256 of 2019, on the file of the learned Judicial Magistrate No.I, Tirunelveli, for the offences under Sections 147, 294(b), 324, 506(2) and 34 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.204 of 2018 and quash the same.
2. Based on the complaint given by the defacto complainant, the police has 2/5
registered FIR in Cr.No.204 of 2018, for the offences under Sections 147, 294(b), 324, 506(2) and 34 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.
3. When the matter was taken up for hearing, the learned counsel on both sides represented that during pendency of the case in C.C.No.256 of 2019, 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.
4. The 12th petitioner/Palraj died on 02.04.2025 and to that effect, they produced a copy of Medical Certificate issued by theTirunelveli Corporation, on 05.04.2025. Hence, today, the defacto-complainant and the remaining accused are present and the Court enquired about the terms of compromise. The defactocomplainant represented that the matter has been amicably settled between them and they entered into a compromise and also he has no objection in allowing this petition. A compromise memo, dated 03.03.2025 signed by the parties and their respective counsels, is also filed before this Court.
5. This Court has perused the terms of the compromise memo.
6. Considering the nature of the offences, and now, the parties have also entered into a compromise, it is appropriate to allow this petition. 3/5
7. In view of the death of the (*)15th petitioner, this Criminal Original Petition is dismissed as abated as against the (*)15th petitioner. Further recording the said compromise memo, this Criminal Original Petition is allowed, in so far as the other petitioners are concerned and C.C.No.256 of 2019 on the file of the learned Judicial Magistrate No.I, Tirunelveli, is quashed.
Sd/- 07/04/2025 (*)Corrected as per order of this Court dated 25/06/2025 made in CRL MP(MD)NO.8030 of 2025 in CRL OP(MD)No.6181 of 2025 Sd/- Assistant Registrar (CS I) // True Copy // /07/2025 Sub Assistant Registrar(CS) apd To (*)To be substituted the order which already despatched on 04/06/2025 1.The Judicial Magistrate No.I, Tirunelveli.
2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli.
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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.OP(MD) No.6181 of 2025 07.04.2025 AVK/21.05.2025 5P/4C MGJ/16.07.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5