Palpandi v. The State Of Tamil Nadu

IN THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 30.04.2025

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.(MD) No.8201 of 2025

1. Palpandi S/o. Masanam

2. Gopi @ Gopikrishnan S/o. Ganaguru

3. Muthukumar S/o. Muniasamy ... Petitioner / Accused-1-3 Vs

1. State rep. by:- The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.

... Respondent / Complainant.

[Cr. No.122 of 2024]

2. Sridhar S/o. Paraniselvan ... 2nd Respondent / Defacto Complainant.

PRAYER: - The Criminal Original Petition is filed under Section 528 of B.N.S.S., praying to call for the records in the case in Crl. M.P. No.130 of 2025 on the file of the Judicial Magistrate Court No.II, Srivilliputhur, Virudhunagar District.

For Petitioner : Mr. M. Jothi Basu For Respondent : Mr. Vaikkam Karunanithi Government Advocate (Criminal side) [for R1] Mr. D. Thilaga Rani [for R2] 1/5

ORDER

This petition has been filed by the petitioners to call for the records pertaining to case in Cr. No.122 of 2024 on the file of the 1st respondent police and pending proceedings in Crl. M.P. No.130 of 2025 on the file of the Judicial Magistrate Court No.II, Srivilliputhur, Virudhunagar District and to quash the same.

2. Based on the complaint lodged by the 2nd respondent, the 1st respondent registered a case in Cr. No.122 of 2024 for the offences under Sections 296(b), 126, 115(2), 351(2) and 3(5) of Bharatiya Nyaya Sanhita (B.N.S.), 2023 and thereafter, the 1st respondent conducted the investigation and filed the final report. In fact, FIR has been registered as against 4 persons and final report has been filed as against three persons and the name of the 3rd accused was deleted in the charge sheet, thereby, Crl. M.P. no.130 of 2025 is pending before the learned Judicial Magistrate-II, Srivilliputhur, Virudhunagar District. Now, the petitioners, against whom, the charge sheet has been filed, have challenged the filing of charge sheet and the pending proceedings in Crl. M.P. No.130 of 2025, through this petition.

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3. When the matter is taken up for hearing today, the learned counsels appearing on both sides, represented that during the pendency of the case, the matter has been amicably settled between the parties and to that effect, they have also entered into compromise and the same was filed before this Court.

4. Today, the defacto complainant and the petitioners/ accused are present and this Court enquired about the terms of compromise. The defacto complainant represented that they entered into compromise and settled the matter amicably, therefore, he has no objection to quash the charge sheet filed by the respondent police as against the petitioners and also he has no objection to quash the proceedings in Crl. M.P. No.130 of 2025 pending on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District. A compromise memo dated 25.04.2025 signed by both the parties and their respective counsels, is also filed before this Court.

5. This Court has perused the terms of compromise. 3/5

6. Considering the nature of offences and the parties have entered into compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed and the charge sheet filed by the 1st respondent before the Judicial Magistrate Court No.II, Srivilliputhur, Virudhunagar District in Cr. No. 122 of 2024 and the pending proceedings in Crl. M.P. No.130 of 2025 on the file of the Judicial Magistrate Court No.II, Srivilliputhur, Virudhunagar District are quashed.

30.04.2025 index: Yes/No Internet: Yes/No Speaking/Non Speaking order aav 4/5

P.DHANABAL ,J aav To 1.The Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District.

2. The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.

3. The Public Prosecutor, Madras High Court, Chennai. CRL OP.(MD) No.8201 of 2025 30.04.2025 5/5