Rajan @ Chanthai Rajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD) No.12327 of 2025 and Crl.MP(MD) Nos.9564 & 9562 of 2025

1. Rajan @ Chanthai Rajan

2. Rajesh Kanna @ Rajesh

3. Kannan @ Ampili Kannan

4. Satheesh ... Petitioners Vs 1.The State of Tamilnadu, Rep. by the Deputy Sueprintendent of Police, Colachel, Kanyakumari District.

2.The Inspector of Police, Eraniel Police Station, Kanyakumari District.

Crime No. 42/2025.

3.Anusha

...Respondents

Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the charge sheet in S.C.No. 58/2025, on the file of the Special court for Trial of Cases under SC/ST (POA) Act, Nagercoil police and quash the same. 1/5

For Petitioner : Mr.Prabhu Raj A., For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl.side) For R3 : Mr.P.Suresh Kumar

O R D E R

Seeking quashment of the proceedings in S.C.No. 58/2025, on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Nagercoil, which was registered for the offence under Sections 126(2), 296(b), 351(3), 303(2) BNS, 2023 and Section 4 of Tamil Nadu Prohibition of charging exorbitant interest Act, 2003 and Sections 3(1) (r), 3(1)(s) of SC/ST (POA) Act, the petitioners/A1 to A4 have moved this petition, on the ground of compromise.

2.The case of the prosecution is that the defacto complainant belonging to schedule caste community has borrowed a sum Rs.1,00,000/- from the first petitioner. Even after settling a sum of Rs.4,50,000/- with interest, the first petitioner along with others has demanded exorbitant interest, abused the defacto complainant by degrading her caste name and also intimidated her. 2/5

3.Now it is reported that the issue between the petitioners and the defacto complainant has been amicably settled and a joint compromise memo has also been filed before this Court. 4.Though this petition is moved on the ground of compromise, this Court is not inclined to entertain this petition, since the offence under the provisions of Tamil Nadu Prohibition of charging exorbitant interest Act, 2003 is against the society and therefore, the proceedings in SC No.58 of 2025 cannot be quashed even on the ground of compromise.

5.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petitions are closed. 08.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn 3/5

To 1.The Deputy Sueprintendent of Police, Colachel, Kanyakumari District.

2.The Inspector of Police, Eraniel Police Station, Kanyakumari District.

4/5

B.PUGALENDHI,J vrn Order made in Crl.OP(MD) No.12327 of 2025 and Crl.MP(MD) Nos.9564 & 9562 of 2025 08.08.2025 5/5