Madras High CourtCRL OP(MD)/7843/2025allowed

Hemanth Kumar v. The State Of Tamil Nadu

2025-04-28Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL.O.P(MD) No.7843 of 2025

1. Hemanth Kumar

2. Selvakumar

3. Subramanian

4. Santhi ... Petitioners Vs.

1. The The State of Tamil Nadu, Represented by the Deputy Superintendent of Police, Melur Police Station, Madurai District.

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

Crime No.233 of 2016.

3. Arun Kumar ... Respondents Page No. 1 of 5

PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the entire records relating to the Special S.C.No.183 of 2021 by the III-Additional District Judge for PCR cases, Madurai and quash the same. For Petitioners : Mr.J.Vivek For R1 & R2 : Mr. M.Vaikkam Karunanithi Government Advocate (Crl. Side) For R3 : Mr.P. Muthusaravanan

O R D E R

This petition has been filed by the petitioners / Accused No.1, 3, 5 and 6 to call for the records pertaining to Special S.C.No.183 of 2021 on the file of the learned III-Additional District Judge for PCR cases, Madurai for the offences under Sections 147, 294(b), 323, 355, 506(i) of IPC read with Section 3(2)(Va) of the SC/ST (PoA) Act, 2015 in Crime No.233 of 2016 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 Page No. 2 of 5

compromise and the same was filed before this Court.

3. The defacto-complainant and the accused No.1, 3, 5 and 6 are present and this Court enquired about the terms of compromise. The defacto-complainant represented that they entered into a compromise and he has no objection to quash the pending proceedings in Special S.C.No. 183 of 2021. A compromise memo, dated 25.04.2025 signed by the parties and their respective counsel, is also filed before this Court. A counter case was also lodged and F.I.R in Crime No.234 of 2016 has been registered for the offences under Sections 341, 294(b), 323 and 506(1) of IPC and in the counter case also they entered into a compromise.

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

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 25.04.2025, this criminal original petition is allowed and Special S.C.No.183 of 2021 on Page No. 3 of 5

the file of the III-Additional District Court for PCR cases, Madurai is quashed.

28.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

1. The III-Additional District Court for PCR cases, Madurai

2. The Deputy Superintendent of Police, Melur Police Station, Madurai District.

3. The Inspector of Police, Mellur Police Station, Madurai District.

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

Page No. 4 of 5

P.DHANABAL, J.

Mac CRL.O.P(MD) No.7843 of 2025 28.04.2025 Page No. 5 of 5