Sundarapandian 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.7769 of 2025

1. Sundarapandian

2. Sundari

3. Maran

4. Ambika ... Petitioners Vs.

1. The State of Tamil Nadu, Represented by the Inspector of Police, Watrap Police Station, Virudhunagar District.

Crime No.143 of 2024.

2. Kumaresan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records relating to F.I.R in Crime No.143 of 2024 dated 20.06.2024, on the file of the Inspector of Police, Watrap Police Station, Virudhunagar District. For Petitioners : Mr. T.Sivananthan For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) For R2 : Mr. S. Senthil Kumar Page No. 1 of 4

O R D E R

This petition has been filed by the petitioners / accused no.1, 2, 4 and 5 to call for the records pertaining to the First Information Report in Crime No.143 of 2024 dated 20.06.2024 on the file of the first respondent police, for the offences under Sections 296(b), 115(2) and 118(1) 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 accused no.1, 2, 4 and 5 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 07.04.2025 signed by the parties and their respective counsels is also filed before this Court.

4. The learned Government Advocate (Criminal Side) appearing for Page No. 2 of 4

the respondents no.1 has strongly opposed to allow this petition on the ground that A1 and A5 have previous cases.

5. This Court has perused the terms of the compromise memo dated 07.04.2025.

6. Since the entire amount has been settled and the matter has been settled out of the Court and the parties have also entered into a compromise, it is appropriate to allow this petition.

7. Considering the nature of offences and recording the said compromise memo dated 07.04.2025, this criminal original petition is allowed and the First Information Report in Crime No.143 of 2024 dated 20.06.2024 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, Watrap Police Station, Virudhunagar District.

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

CRL. OP(MD) No.7769 of 2025 28.04.2025 Page No. 4 of 4