C.M.Samy v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. C.M.Samy,

2. Moorthy, ... Petitioners Vs

1. The State of Tamil Nadu, Rep. by the Inspector of Police, Othakadai Police Station, Madurai District.

(Cr. No. 393 of 2024).

2. P.S. Senthilkumar, ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to call for the records of the pending in Crime No. 393 of 2024 dated 06.10.2024 on the file of 1st respondent police and quash the same. 1/5

For Petitioners : Mr.J. Vijayaraja For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.B.Karthick

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. 393 of 2024 dated 06.10.2024 on the file of the first respondent police, for the offences under Sections 191(2), 191(3), 329(4), 296(b), 324(4), 115(2), 351(3) of BNS and Section 4 of TNPHW Act and quash the same.

2. When the matter was taken up for hearing, the learned counsels on both sides represented that 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. 2/5

3.In the earlier occasion, the learned Government Advocate (Crl.Side) raised strong objection to quash the proceedings stating that another victim, namely Gomathi also sustained injury, but she was not added as party to this petition.

4. Today, the defacto-complainant and all the accused and the said Gomathi are present and this Court enquired about the terms of compromise. The defacto-complainant and Gomathi/victim represented that they entered into a compromise and they have no objection to quash the FIR. A compromise memo, dated 07.04.2025 signed by the parties and their respective counsel, is also filed before this Court.

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

5. Considering the nature of the offences and the parties have also entered into a compromise, it is appropriate to allow this petition.

6. Recording the said compromise memo, this petition is allowed and the First Information Report in Crime No. 393 of 2024 dated 3/5

06.10.2024 on the file of the first respondent police is quashed. 25.04.2025 Internet:Yes Index :Yes/No NCC :Yes/No LR To

1. The State of Tamil Nadu, Rep. by the Inspector of Police, Othakadai Police Station, Madurai District.

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

4/5

P. DHANABAL, J.

LR 25.04.2025 5/5