Madras High CourtSUO MOTU TR(MD)/1200/2025closed

Kandavarayanpatti Ps v. Gopal

2025-10-10Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 10-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN SUO MOTU TR(MD).No. 1200 of 2025 STC.40/2022 (On the file of the District Munsif cum Judicial Magistrate Court, Tiruppathur, Sivagangai)

1. Kandavarayanpatti PS Crime No.6 of 2022.

...Petitioner(s)

1. Gopal

...Respondent(s)

Upon perusing the documents and case records of the above STC.40/2022 on the file of the District Munsif cum Judicial Magistrate Court, Tiruppathur, Sivagangai for the offence under Sections 147,341,294(b),506(i) and 4(A)(1a) of INDIAN PENAL CODE, 1860 and TN OPEN PLACES(PREVENTION OF

DISFIGUREMENT) ACT, 1959 transmitted to this Court and hearing the arguments of Mr.S.Ravi, the learned Additional Public Prosecutor assisted by Mr.M.Sakthikumar Government Advocate (Criminal Side) and hearing the concerned probation officer this Court passes the following

ORDER

This Suo Motu case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu W.P.(Crl).M.D.No.1014 of 2025.

2. Due to the petty dispute arose between them, the petitioner registered the case in Crime No.6 of 2022 upon receipt of the complaint from the defacto complainant and completed the investigation and filed final report under Sections 147,341,294(b),506(i) and 4(A)(1a) of INDIAN PENAL CODE, 1860 and TN OPEN PLACES(PREVENTION OF DISFIGUREMENT) ACT, 1959 on the file of the learned District Munsif cum Judicial Magistrate Court, Tiruppathur, Sivagangai and the same was taken on file in STC.40/2022 and is pending. Both the complainant and the Inspector of Police and the accused were present before the learned Judicial Magistrate and appeared through video conference and this Court recorded the statement of the complainant and accused that they settled the issues and buried the hatchet dispute bonafidely and they are living peacefully and

agreed to close the case. Considering that the dispute is trivial in nature and now both the complainant and accused have settled their dispute voluntarily without any threat or coercion, and also this Court on noting the demeanor of the complainant, finds no chance for coercion or threat and the accused has no previous antecedents and both are living peacefully and since the case comes within the parameters of law laid down by the Honourable Supreme Court in the cases of Gian Singh Vs. State of Punjab and Another reported in (2012) 10 SCC 303, State of Madhya Pradesh Vs. Laxmi Narayan and Others reported in (2019) 5 SCC 688 and other related judgments and the case is pending without trial and continuation of the trial by examining the witnesses would lead to wastage of time and wastage of Government exchequer and also lead to docket explosion without adjudication and the chance of conviction even after the full-fledged trial would also bleak, this Court is inclined to quash the proceedings by exercising power under Section 482 Cr.P.C.

3. The observations, discussions and decisions made in this particular case can not be quoted as precedent in the cases arising in future as the decision has been taken in this suomotu writ based on factual and legal basis of this particular case.

4. Accordingly, the STC.40/2022 on the file of the learned District Munsif cum Judicial Magistrate Court, Tiruppathur, Sivagangai is quashed and this

Suo Motu Transfer case stands closed.

10-10-2025 electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.