Arivazhagan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.18125 of 2024

1. Arivazhagan

2. Saravanan

3. Ayyappan

4. Kilavamoorthi

5. Manikandan ... Petitioners Vs

1. The State of Tamilnadu Rep., by, the Inspector of Police K. Pudur Police Station, Madurai City (Crime No.79 of 2023).

2. Manoj Prabakar ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to impugned order sheet in C.C.No. 1954 of 2023 on the file of the learned Judicial Magistrate No.VI, Madurai and to quash the same. Page No. 1 of 5

For petitioners :Mr.R.M.Arun Swaminathan For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.Abul Kalam Azad *****

O R D E R

This petition has been filed by the petitioners to call for the records pertaining to C.C.No. 1954 of 2023 on the file of the learned Judicial Magistrate No.VI, Madurai for the offences under Sections 147, 294(b), 323 and 506(i) of IPC, in Crime No.79 of 2023 and quash the same.

2. Based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 79 of 2023 for the offences under Sections 147, 294(b), 323 and 506(i) of IPC.

3. When the matter was taken up for hearing, the learned counsels on both sides represented that during pendency of the case in C.C.No. 1954 of 2023, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

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4. The 5th petitioner/Manikandan died on 24.02.2025 and to that effect, they produced a copy of Death Certificate issued by the Keelathuval Village Panchayat, on 04.03.2025. Hence, today, the defactocomplainant and the remaining accused are present and the Court enquired about the terms of compromise. The defacto-complainant represented that the matter has been amicably settled between them and they entered into a compromise and also he has no objection in allowing this petition. A compromise memo, dated 04.10.2024 signed by the parties and their respective counsels, is also filed before this Court.

5. This Court has perused the terms of the compromise memo.

6. Considering the nature of the offences, and the parties have also entered into a compromise, it is appropriate to allow this petition.

7. In view of the death of the 5th petitioner, this Criminal Original Petition is dismissed as abated as against the 5th petitioner. Further recording the said compromise memo, this Criminal Original Petition is allowed, in so far as the other petitioners are concerned and C.C.No. 1954 Page No. 3 of 5

of 2023 on the file of the learned Judicial Magistrate No.VI, Madurai, is quashed.

29.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To

1. The Inspector of Police K. Pudur Police Station, Madurai City 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J apd Crl.OP(MD) No.18125 of 2024 29.04.2025 Page No. 5 of 5