A.Muthukumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.17477 of 2024 and Crl.M.P(MD) No.10874 of 2024 A.Muthukumar ... Petitioner/Sole Accused Vs
1. The State of Tamilnadu, Rep by the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
Crime No.525 of 2024.
...Respondent No.1/Complainant
2. Mary ... Respondent No.2/Defacto Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the First Information report in Crime No. 525 of 2024, dated 16.09.2024 and quash the same as illegal as against the petitioner.
For Petitioner : Mr.Seeni Syed Amma For R1 : Mr.Kottai Samy.P Government Advocate (Crl. Side) For R2 : Mr.I.Pinayagash 1/6
ORDER
The petitioner is accused in Crime No.525 of 2024 registered for the offence u/s.115(2) of BNS, 2023 on the file of first repsondent Police Station. He has filed this application to quash the proceedings pending against him, on the ground that the issue has been amicably settled among themselves.
2. The case of the prosecution is that the defacto complainant's son, who is studying in the 9th Standard at Nadar Higher Secondary School, Kovilpatti, was staying in the hostel, where the petitioner is employed as a Physical Education Teacher. On 13.09.2024, it is alleged that the petitioner assaulted the defacto complainant's son on his left ear, due to which, he suffered severe pain and was subsequently admitted to the Government Hospital, Kovilpatti. Based on the said occurrence, the present complaint has been lodged.
3. Since the case has been registered for the offence u/s.115(2) of BNS, 2023, which is compoundable in nature, this Court entertained this petition, ordered notice and also directed the investigation officer to 2/6
ascertain as to whether the compromise arrived between the parties is a voluntary one, without any threat or coercion.
4. The petitioner and the defacto complainant are present before this Court today and submitted that on the intervention of the elders, they have amicably resolved their issue. To that effect, they have also filed a joint compromise memo, dated 15.07.2025.
5. The investigation officer, after verification, has filed a report that the compromise arrived upon between the parties is genuine, without any threat or coercion.
6. This Court has verified the parties with their Aadhar Cards and also verified as to the present status. The parties have expressed their willingness to solve the issue.
7. In the case on hand, the offences are purely individual / personal in nature and the conflict is between the private individuals and it is not affecting the Society at large. It involves the petitioner and the second respondent / defacto complainant. Quashing the case will not affect any 3/6
overriding public interest. The defacto complainant herself has submitted that she does not want to prosecute the case any further. Under such circumstances, no useful purpose will be served in keeping the case pending. On the other hand, keeping the proceedings pending will only swell the mental agony of the parties.
8. In view of the above position, this Court is inclined to quash the proceedings, accordingly, this original petition is allowed and the proceedings in Crime No.525 of 2024, dated 16.09.2024 is hereby quashed. The joint compromise memo, dated 15.07.2025 signed by the parties, shall form part and parcel of this order. Consequently, connected Miscellaenous Petition is closed.
01.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes Indu 4/6
To
1. The State of Tamilnadu, Rep by the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI, J.
Indu Crl.OP(MD) No.17477 of 2024 01.08.2025 6/6