Sip Kamuthi Ps v. Selvarajakani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 28.08.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN (C.C.No.385 of 2022 on the file of the District Munsif cum Judicial Magistrate Court, Kamudhi, Ramanathapuram) The Sub-Inspector of Police, Kamuthi Police Station, Ramanathapuram.

(Crime No.197 of 2022) ... Petitioner Vs.

1.Selvarajakani 2.Vinoth ... Respondents Upon perusing the documents and case records of the above C.C.No.385 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.385 of 2022 on the file of the District Munsif cum Judicial Magistrate Court, Kamudhi, Ramanathapuram as Suo motu Special Tr.Case.(MD) No.5568 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. 2/6

3.Brief facts of the prosecution case in C.C.No.385 of 2022: On 08.05.2022, at about 6:45 a.m., at the residence of the parties in Chinnaudappankulam, the accused confronted the complainant regarding a quarrel with her daughter, who is the complainant's wife. The accused allegedly abused the complainant using filthy language, assaulted him with a wooden log, bit him causing bleeding injuries, and threatened to foist a false dowry case against him and have him imprisoned. Therefore, a case was registered in Crime No.197 of 2022 for the offences punishable under Sections 294(b), 323, 324 and 506(1) of IPC and on investigation, final report was filed and the same was taken on file in C.C.No.385 of 2022 and the same is pending without trial for more than three years. The counter case is C.C.No.249 of 2022. 4.Discussion:

4.1.Both 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 this Court on noting the demeanor of the complainant, finds that there is no chance for coercion or threat. 3/6

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 complaint and final report was filed and the same was taken on file in C.C.No.385 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.

power under Section 482 Cr.P.C.

5.Accordingly, the C.C.No.385 of 2022 on the file of District Munsif cum Judicial Magistrate Court, Kamudhi, Ramanathapuram is quashed and this Suo Motu Transfer case stands closed. 28.08.2025 pal 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.

pal Order made in SUO MOTU Tr. (MD).No.5568 of 2025 28.08.2025 6/6