Durairaj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP(MD) No.7749 of 2025

1. Durairaj

2. Balakrishnan ... Petitioners Vs

1. The State of Tamil Nadu, Represented by the Inspector of Police, Sivagiri Police Station, Tenkasi District.

Crime No.122 of 2025.

2. Sakthivel ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records in Crime No.122 of 2025 dated 16.03.2025 on the file of the 1st respondent and quash the same as illegal.

For Petitioners : Mr. V.Rajiv Rufus For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) For R2 : Mr. B. Micheal Sebastin Page No. 1 of 4

O R D E R

This petition has been filed by the petitioners / Accused No.1 and 2 to call for the records pertaining to the First Information Report in Crime No.122 of 2025 dated 16.03.2025 on the file of the first respondent police, for the offences under Sections 296(b), 127(2), 133, 115(2) and 351(2) of BNS, 2023 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.

3. The defacto-complainant and both the accused are present and this Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise and he has no objection to quash the F.I.R. A compromise memo dated 09.04.2025 signed by the parties and their respective counsels is also filed before this Court. A counter case was also lodged and F.I.R in Crime No.123 of 2025 has been registered for the offences under Sections 126(2), 296(b), 115(2) and 351(2) of BNS, 2023 and in the counter case also they entered Page No. 2 of 4

into a compromise.

4. This Court has perused the terms of the compromise memo dated 09.04.2025.

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 dated 09.04.2025, this criminal original petition is allowed and the First Information Report in Crime No.122 of 2025 dated 16.03.2025 on the file of the first respondent police is quashed.

28.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

1. The Inspector of Police, Sivagiri Police Station, Tenkasi District.

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

CRL. OP(MD) No.7749 of 2025 28.04.2025 Page No. 4 of 4