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Madras High CourtCRL OP(MD)/14746/2025allowed

Krishnan @ Krishnasamy v. The State Of Tamil Nadu

2025-09-15Honourable Mr Justice Sunder Mohan12 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14746 of 2025 1.Krishnan @ Krishnasamy 2.Mohan @ Mohanraj ... Petitioners/Accused Nos.1 & 2 Vs.

1.The State of Tamil Nadu, Rep. by the Inspector of Police, Guzilaiamparai Police Station, Dindigul District.

(Crime No.187/2025) ... 1st Respondent/Complainant 2.Surendrakrishna ... 2nd Respondent/Defacto Complainant 3.Anusuiya Devi ... 3rd Respondent/Victim PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to Crime No.187 of 2025 dated 04.08.2025, on the file of the 1st respondent police and to quash the same. For Petitioners : Mr.S.Sathyachidambaram For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-2 & R-3 : Mr.M.Dhinakar

Crl.O.P.(MD).No.14748 of 2025 1.Surendrakrishna 2.Nandhakumar 3.Thivagar @ Divakar ... Petitioners/Accused Nos.1 to 3 Vs.

1.The State of Tamil Nadu, Rep. by the Inspector of Police, Guzilaiamparai Police Station, Dindigul District.

(Crime No.188/2025) ... 1st Respondent/Complainant 2.Krishnan @ Krishnasamy ... 2nd Respondent/Defacto Complainant 3.Mohan @ Mohanraj ... 3rd Respondent/Victim PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to Crime No.188 of 2025 dated 04.08.2025, on the file of the 1st respondent police and to quash the same. For Petitioners : Mr.M.Dhinakar For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-2 & R-3 : Mr.S.Sathyachidambaram

COMMON ORDER These Criminal Original Petitions are filed to quash the FIRs in Crime No.187 of 2025 registered for the offences under Section 296(b), 109(1) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002; and Crime No.188 of 2025 registered for the offences under Section 296(b) and 109(1) of BNS, 2023.

2. The accused in one case is the defacto complainant in the other case. The allegations in the FIRs are that on account of prior enmity, the accused abused the defacto complainant in filthy language and attacked him with iron rod and thus committed the aforesaid offences.

3. Though there is an allegation of offence under Section 109(1) of BNS (equivalent to 307 IPC), it is seen that the injury suffered by the victims is simple in nature. Thus, the learned counsels for the petitioners in both the cases would submit that the offence under Section 109(1) of BNS has not been made out.

4. Due to the intervention of the elders, the parties have now arrived at a compromise and decided to give a quietus to the entire dispute. The parties have filed joint compromise memo separately.

5. The scanned copy of the compromise memo filed in Crl.O.P.(MD). No.14746 of 2025 reads as follows:

6. The scanned copy of the compromise memo filed in Crl.O.P.(MD). No.14748 of 2025 reads as follows:

7. The defacto complainant and the injured witnesses, namely, Surendrakrishna (Aadhaar No.7753 4120 1027), Anusuiya Devi (Aadhaar No.5811 3855 4460), Krishnan @ Krishnasamy (Aadhaar No.5214 6765 5207) and Mohan @ Mohanraj (Aadhaar No.4338 2421 1921) in both the cases are present before this Court in person. They are identified by Mr.J.Vijayalingam, Sub Inspector of Police, Gujiliyamparai Police Station, Dindigul District. All the parties confirmed the compromise arrived at between them.

8. In view of the same, considering the nature of allegations and the compromise arrived between the parties, this Court is of the view that no useful purpose would be served in keeping the impugned FIRs pending investigation. Accordingly, the impugned FIRs in Crime Nos.187 of 2025 and Crime No.188 of 2025 dated 04.08.2025 are quashed and the Criminal Original Petitions are allowed.

15.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Inspector of Police, Guzilaiamparai Police Station, Dindigul District.

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

SUNDER MOHAN,J.

Lm 15.09.2025