Siva v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Crl.O.P(MD)No.7059 of 2025

1. Siva

2. Murugan

3. Panjavarnam

4. Ramar

5. Deepa ... Petitioners Vs

1. The State of Tamilnadu, Rep. by the Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

Crime No. 23/2024.

2. Annalakshmi ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to call for the records in the case in S.C.No. 46/2025 on the file of the Fast Track Mahila Court, Srivilliputtur, Virudhunagar District and 1/5

quash the same as illegal, violation of law as against the petitioners/ Accused Nos.1 to 5.

For Petitioners : Mr. M.Jothi Basu For Respondents : Mr.M.Vaikkam Karunanithi(R1) Government Advocate (Crl.Side)

O R D E R

This petition has been filed by the petitioners to call for the records pertaining to S.C.No.46 of 2025 on the file of the Fast Track Mahila Court, Srivilliputtur, Virudhunagar District for the offences under Sections 417, 376 IPC and 296(b) of BNS, in Crime No.23 of 2024 and quash the same.

2. According to the petitioners, the petitioners and defacto complainant are relatives. Based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 23 of 2024 for the offences under Sections 417, 376 IPC and 296(b) of BNS.

3. When the matter was taken up for hearing, the learned counsel 2/5

on both sides represented that during pendency of the case in S.C.No.46 of 2025, 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 represented that they entered into a compromise as they are relatives. A compromise memo, dated 21.04.2025 signed by the parties and their respective counsels, is also filed before this Court. 5.The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat) reported in (2017) 9 SCC 641 were taken into consideration.

6. In view of the above said judgments and considering the relationship between the parties and the amicable settlement between themselves and even as per 2nd respondent no such occurrence was happened, this Court is of the view that the compromise is to be accepted. Therefore in order to meet the ends of justice by invoking 3/5

inherent power of this Court, this Criminal Original Petition stands allowed and the pending proceedings in S.C.No.46 of 2025 on the file of the Fast Track Mahila Court, Srivilliputtur, Virudhunagar District is quashed insofar as the petitioners are concerned. 24.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To 1.The Sessions Judge, Fast Track Mahila Court, Srivilliputtur, Virudhunagar District. 2.The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

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

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P. DHANABAL, J.

PNM ORDER IN Crl.O.P(MD)No.7059 of 2025 21.04.2025 5/5