K.Esakki @ Esakki Raja v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.10107 of 2025
1. K.Esakki @ Esakki Raja
2. Suresh 3.Arunkumar
4. Sivasubramaniam 5.Ramesh 6.Maharaja
7. Shanmugasundaram
8. Vallikannu
9. Mahendran
10. Athilingam
11. P.Selvakumar
12. Rajeswaran
13. P.Gopalakrishnan
14. Sathishkumar
15. Muthukumar
16. Suresh 17.Kannan 18.Jegatheeshwaran
19. Balamurugan 20.Veerasangili ... Petitioners Vs.
1. The State of Tamil Nadu, represented by, The Deputy Superintendent of Police, Thothukudi Rural, Thoothukudi District.
2.The State of Tamil Nadu, represented by, The Sub Inspector of Police, Pudukkkottai Police Station, Thoothukudi District.
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(Crime No.207/2025) 3.Annavi @ Akash ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned F.I.R. in Crime No.207 of 2025 on the file of the 2nd respondent Police and quash the same. For Petitioners : Mr.R.Anandha Raj For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Criminal side) For R3 : Mr.S.Sundara Pandian
ORDER
The petitioners seek quashing of the FIR in Crime No.207 of 2025on the file of the second respondent for the alleged offences under Sections 126(2), 296(b), 115(2), 118(1), 109(1), 351(3) of BNS and Section 3 of the TNPPDL Act & Section 3(1)(r), 3(1) (s) 3(2)(va) of SC/ST (POA) Amendment Act, 2015.
2. The allegation in the FIR is that on 20.04.2025, when the defacto complainant and the other staff were working in the tollgate, the petitioners and other accused who came and caused disturbance to other vehicles near the tollgate; that when the same was questioned by the defacto complainant, 2/14
the petitioners had attacked him and also abused him using filthy language and caused damage to the properties in the tollgate; and thus committed the offence under Sections 126(2), 296(b), 115(2), 118(1), 109(1), 351(3) of BNS and Section 3 of the TNPPDL Act & Section 3(1)(r), 3(1) (s) 3(2)(va) of SC/ST (POA) Amendment Act, 2015.
3. The petitioners and the defacto complainant have now entered into a compromise and decided to give a quietus to the entire dispute. The parties have filed a joint compromise memo dated 17th March, 2025 and the scanned copy of the compromise memo reads as follows: 3/14
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3. The petitioners and the defacto complainant/third respondent (Aadhar No.687051794081) and the victim Paramasivam (Aadhar No. 644794049442) are present before this Court in person. They are identified by Mr.V.Ganapathy, Sub Inspector of Police, Pudukkottai Police Station, Thoothukudi District. All the parties confirmed the compromise arrived at between them.
4. The learned Additional Public Prosecutor would submit that the defacto complainant did not receive any compensation.
5. Considering the above said fact, the nature of the offences and the relationship between the parties, this Court is of the view that no useful purpose would be served in keeping the impugned FIR pending investigation. Accordingly, the impugned FIR in Crime No.207 of 2025 dated 20.04.2025 is quashed and the Criminal Original Petition stands allowed. 17.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PJL 11/14
To
1. The Deputy Superintendent of Police, Thothukudi Rural, Thoothukudi District.
2. The Sub Inspector of Police, Pudukkkottai Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN, J.
PJL Crl.O.P(MD).No.10107 of 2025 17.09.2025 14/14