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Madras High CourtSUO MOTU TR(MD)/3955/2025closed

Si Of Police Surandai v. Kannan

2025-08-28Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 28.08.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN (C.C.No.461 of 2022 on the file of the Judicial Magistrate Court, Alangulam, Tenkasi District) The Sub-Inspector of Police, Surandai Police Station, Tenkasi District.

(Crime No.338 of 2019) ... Petitioner Vs.

Kannan ... Respondent Upon perusing the documents and case records of the above C.C.No.461 of 2022 transmitted to this Court and hearing the arguments of Mr.S.Ravi, learned Additional Public Prosecutor, on behalf of the State, this Court has passed the following 1/6

ORDER

Prelude:

"This dedicated bench is for implementing the pilot project to identify and dispose of criminal cases involving offences punishable with imprisonment up to 3 years pending at trial, appeal or revision stage for more than 3 years and also offences like Section 506(ii) of IPC and others, which may carry a punishment of more than 3 years in the State of Tamil Nadu with reference to the 14 Districts coming under the Madurai Bench of Madras High Court".

2.This Dedicated Bench has taken the C.C.No.461 of 2022 on the file of the Judicial Magistrate Court, Alangulam, Tenkasi District as Suo motu Special Tr.Case.(MD) No.3955 of 2025 in Suo Motu W.P.(Crl.). (MD).No.1014 of 2025, upon proper scrutinity this court feels that it is a fit case for warranting the exercise of power under Article 226 of Constitution of India to quash the said C.C., which is pending for more than three years without any progress.

3.Brief facts of the prosecution case in C.C.No.461 of 2022: On 06.10.2019 due to previous enmity, the accused person 2/6

scolded the defacto complainant in filthy language and made assault upon him and also criminally intimidated him. Therefore, a case was registered in Crime No.29 of 2019 for the offences punishable under Sections 294(b), 323 and 506(ii) IPC and on investigation, final report was filed and the same was taken on file in C.C.No.461 of 2022 and the same is pending without trial for more than three years. 4.Discussion:

4.1.Now complainant died. The legal heirs of the complainant and the Inspector of Police appeared through video conference and the complainant submitted that he has settled the issues with the accused and both are living peacefully and agreed to close the case. He also stated that he is consenting for compromise without any coercion and also this Court on noting the demeanor of the complainant, finds no chance for coercion or threat.

4.2.Mr.S.Ravi, the learned Additional Public Prosecutor also submitted that the accused has no previous antecedents. 4.3.Due to the petty dispute between them, the complainant made a 3/6

complaint and final report was filed and the same was taken on file in C.C.No.461 of 2022 and pending for more than 3 years. Both parties buried the hatchet without being influenced and filed the compromise memo. 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 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 for more than three years 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 is bleak, this Court is inclined to quash the proceedings by exercising power under Section 482 Cr.P.C.

5.Accordingly, the C.C.No.461 of 2022 on the file of Judicial Magistrate Court, Alangulam, Tenkasi District is quashed and this Suo 4/6

Motu Transfer case stands closed.

28.08.2025 TM 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.

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K.K.RAMAKRISHNAN ,J.

TM Order made in SUO MOTU Tr. (MD).No.3955 of 2025 28.08.2025 6/6