Moorthi 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.12390 of 2025 and Crl.MP(MD) No.9625 of 2025 Moorthi ... Petitioner Vs 1.The State of Tamilnadu, Rep. by the Inspector of Police, Avaniyapuram Police Station, Madurai District.

Crime No. 289/2025.

2.S.Andal

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the case registered in First Information Report in Crime No. 289 of 2025, on the file of the first respondent and quash the same as illegal insofar as the petitioner is concerned. For Petitioners : Mr.K. Alagumalai For R1 : Mr.P.Kottaichamy Government Advocate (Crl.side) For R2 : Mr.S.Mohammed Bayas Ali 1/4

O R D E R

The petitioner /accused in Crime No. 289 of 2025, on the file of the first respondent has moved this petition to quash the above proceedings pending as against him on the ground of compromise. 2.The case of the prosecution is that the petitioner, who is none other than the son of the defacto complainant has abused and assaulted her. That apart, he has taken her jewels also and refused to return the same. Hence, the case.

3.The petitioner and the defacto complainant/the mother of the petitioner are present before this Court. The defacto complainant submits that since the petitioner is her own son, she is not inclined to prosecute the case.

4.This Court suggests that the petitioner shall pay a sum of Rs.3000/- to the defacto complainant/his mother, every month towards maintenance. The petitioner claims that he cannot pay any maintenance to his mother.

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5.Considering the conduct of the petitioner that having taken his mother's jewels, assaulting her even without realizing that she is his mother and also not having any intention to maintain her, this Court is not inclined to entertain this petition. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petition is closed.

08.08.2025 NCC : Yes/No Index : Yes/No vrn To The Inspector of Police, Avaniyapuram Police Station, Madurai District.

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B.PUGALENDHI,J vrn Common Order made in Crl.OP(MD)No.12390 of 2025 and Crl.MP(MD) No.9625 of 2025 08.08.2025 4/4