Madras High CourtCRL OP(MD)/6946/2025allowed

Antony Rajan v. The State Of Tamilnadu

2025-04-17Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.6946 of 2025 1.Antony Rajan 2.Paulraj ... Petitioners Vs.

1. The State of Tamil Nadu, Rep by the Inspector of Police, Karungal Police Station, Kanyakumari District.

Crime No. 113/2018

2. Swamy Dhas ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the charge sheet relating to the CC No.326/2019 on the file of the Fast Track Magistrate Court, Eraniel and to quash the same as against the petitioners. For Petitioners :

Mr.S.Sivakumar For Respondents :

Mr.M.Vaikkam Karunanithi (R1) Government Advocate Mr.S.Vadivel (R2) 1/4

ORDER

This petition has been filed by the petitioners to call for the records pertaining to CC No.326/2019 on the file of the Fast Track Magistrate Court, Eraniel for the offences under Sections 294(b), 323, 324, 506(ii) and 326 of IPC, in Crime No.113 of 2018 and quash the same.

2. According to the petitioners, the second petitioner and the second respondent are brothers. Based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 113 of 2018 for the offences under Sections 294(b), 323, 324, 506(ii) and 326 of IPC.

3. When the matter was taken up for hearing, the learned counsel on both sides represented that during pendency of the case in CC No.326/2019, 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. Today, the defacto-complainant and all the petitioners are present and the Court enquired about the terms of compromise. The defacto-complainant 2/4

represented that they entered into a compromise as they are relatives. A compromise memo, dated 05.04.2025 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, the relationship between the parties and the parties have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed and CC No.326/2019 on the file of the Fast Track Magistrate Court, Eraniel is quashed. 17.04.2025 Index :

Yes / No sm 3/4

P.DHANABAL, J.

sm TO:-

1. The Fast Track Magistrate Court, Eraniel.

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

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

Order made in Crl.O.P.(MD)No.6946 of 2025 Dated:

17.04.2025 4/4