Esakkimuthu @ Kutty v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Esakkimuthu @ Kutty,

2. Esakkipandi,

3. Bala Subramanian, ... Petitioners Vs

1. The State of Tamilnadu, Rep by the Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

Crime No.39 of 2025.

2. Esakkiraj ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to call for the records of the impugned proceedings in C.C.No. 112 of 2025 on the file of the Judicial Magistrate Court, Ambasamudram, Tirunelveli District and Quash the same as illegal. 1/5

For Petitioners : Mr.Muthuram.R For R1 :

Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 :

Ms.K.Sasi Prabha

O R D E R

This petition has been filed by the petitioners to call for the records pertaining to C.C.No.112 of 2025 on the file of the Judicial Magistrate Court, Ambasamudram, Tirunelveli District for the offences under Sections 126(2), 296(b), 308 and 351(3) of BNS in Crime No.39 of 2025 and quash the same.

2. According to the petitioners, based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 39 of 2025 for the offences under Sections 126(2), 296(b), 308 and 351(3) of BNS.

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.112 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 2/5

before this Court.

4. Today, the defacto-complainant and all the accused are present and the Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise. A compromise memo, dated 12.04.2025 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 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 C.C.No.112 of 2025 on the file of the Judicial Magistrate Court, Ambasamudram, Tirunelveli District is quashed. 25.04.2025 Internet:Yes Index :Yes/No NCC :Yes/No LR 3/5

To

1. The Judicial Magistrate, Ambasamudram, Tirunelveli District.

2. The State of Tamilnadu, Rep by the Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

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

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P. DHANABAL, J.

LR 25.04.2025 5/5