Suresh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) No.8898 & 8901 of 2023 1.Suresh 2.Saraswathi ... Petitioners in Crl.O.P.
(MD) No.19906/2024 1.Kumaravel @ Kumaravel Cheriyan Nadar 2.Geetha Krishnan @ Geetha Krishnan Kumaravel 3.Abinesh ... Petitioners in Crl.O.P.
(MD) No.11244/2023 Vs.
1.The State of Tamil Nadu rep. by The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.
(Crime No.45 of 2021) 2.Y.Prathap Singh ... Respondents in both Crl.O.Ps.
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COMMON PRAYER : Criminal Original Petitions filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records pertaining to the charge sheet in C.C.No.14 of 2023 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District and quash the same as illegal as against the petitioners.
For Petitioners in Crl.O.P.
(MD) No.19906/24 : Mr.C.K.M.Appaji For Petitioners in Crl.O.P.
(MD) No.11244/23 : Mr.J.Pandi Dorai For R1 in both Crl.O.Ps. : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R2 in Crl.O.P.
(MD) No.19906/24 : Mr.R.Mohana Sundaram For R2 in Crl.O.P.
(MD) No.11244/23 : Mr.D.Venkatesh C O M M O N O R D E R These Criminal Original Petitions have been filed seeking to quash the final report in C.C.No.14 of 2023 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District, filed against the petitioners for the offences punishable under Sections 294(b), 336, 447 and 506(2) of the Indian Penal Code, 1860.
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2. The allegation in the final report is that, on account of prior enmity between the second petitioner in Crl.O.P.(MD) No.19906 of 2024/A2 and the second respondent/defacto complainant, the petitioners in Crl.O.P.(MD) No.19906 of 2024/A1 and A2 abused the second respondent/defacto complainant and his father in filthy language, attacked the second respondent/defacto complainant with stones, committed the offence of criminal intimidation, and thus committed the aforesaid offences. It is seen from the final report that the names of the petitioners in Crl.O.P.(MD) No.11244 of 2023 have been deleted from the final report.
3. Admittedly, the second petitioner in Crl.O.P.(MD) No.19906 of 2024 and the second respondent belong to the same village, and the first petitioner in Crl.O.P.(MD) No.19906 of 2024 is related to the second petitioner in Crl.O.P.(MD) No.19906 of 2024. The parties in Crl.O.P. (MD) No.19906 of 2024 have now entered into a compromise and decided to give a quietus to the entire dispute. The parties in Crl.O.P.(MD) No. 19906 of 2024 have filed a joint compromise memo dated 19th March, 2025. The scanned copy of the compromise memo reads as follows: Page No. 3 of 9
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4. The petitioners in Crl.O.P.(MD) No.19906 of 2024, namely, (1) Suresh [Aadhaar No.8434 7932 1701], (2) Saraswathi [Aadhaar No.6585 Page No. 6 of 9
5903 1366] and the second respondent/defacto complainant, namely, Prathapsingh [Aadhaar No.7616 6545 8907] are present before this Court in person. The parties are identified by Mr.Selvaraj, Special Sub Inspector of Police, Nithiravillai Police Station. All the parties confirmed the compromise arrived at between them.
5. Since the petitioners in Crl.O.P.(MD) No.11244 of 2023 are not accused in the final report, Crl.O.P.(MD) No.11244 of 2023 is misconceived.
6. In view of the same, considering the nature of the offences and the relationship between the parties, this Court is of the view that no useful purpose would be served by keeping the impugned final report pending trial. Accordingly, the impugned final report in C.C.No.14 of 2023 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District, is quashed. The petitioners in Crl.O.P.(MD) No.19906 of 2024 shall pay a sum of Rs.5,000/- as costs to the Mediation and Conciliation Centre attached to the Madurai Bench of Madras High Court forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
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7. Accordingly, Crl.O.P.(MD) No.19906 of 2024 is allowed, and Crl.O.P.(MD) No.11244 of 2023 is disposed of. Consequently, the connected Miscellaneous Petitions are closed. 15.10.2025 (3/3) JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:
1.The Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District.
2.The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN , J.
JEN 15.10.2025 (3/3) Page No. 9 of 9