Senthurpandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11206 of 2025

1. Senthurpandi

2. Suresh ... Petitioners versus

1. State represented by The Sub Inspector of Police, Eppodumvendran Police Station, Thoothukudi District.

2. Manjammal Devi

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the entire records relating to Crime No.115 of 2025 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.U.Krishnasamy For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) For R2 : Mr.Gopalakrishnan

ORDER

The petitioners are accused Nos.1 and 2 in Crime No.115 of 2025 on the file of the respondent Police registered for the offence punishable under Sections 296(b), 109(1), 351(3) of BNS r/w. Section 4 of Tamilnadu 1/4

Prohibition of Harassment of Women Act, 2002. They have moved this petition seeking to quash the FIR in Crime No.115 of 2025 registered against them, on the ground of compromise.

2. The 2nd respondent/defacto complainant, who is represented through a counsel, submits that he is not inclined to prosecute the case further.

3. The learned Government Advocate (Crl. Side) submits that the case in Crime No.115 of 2025 was registered only on 14.06.2025.

4. Since the case in Crime No.115 of 2025 has been registered as against the petitioners for the offence under Section 109(1) BNS (attempt to murder), this Court is not inclined to quash the FIR in Crime No.115 of 2025 based on the compromise memo. However, the grounds raised by the petitioners in this petition can be appreciated by the investigating officer during the investigation.

5. Therefore, the investigating officer is directed to consider all the points raised by the petitioners and find out the nature of offence. In the 2/4

event, if they are not prosecuting the case, the investigating officer shall take a decision and file the final report. In the event, if the final report is filed as against the petitioners, it is always open to them to challenge the final report.

5. Accordingly, this Criminal Original Petition is dismissed. 03.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy To

1. The Sub Inspector of Police, Eppodumvendran Police Station, Thoothukudi District.

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

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B.PUGALENDHI, J.

ogy Crl.OP(MD)No.11206 of 2025 03.07.2025 4/4