C.Balakrishna Moorthy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25/09/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL.O.P(MD)No.14738 of 2025

1. C.Balakrishna Moorthy

2. Chellan

3. Thangam

4. Karpagavalli ... Petitioners Vs 1.The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Kuzhithurai, Kanyakumari District.

2.Raichel C. Raj ... Respondents PRAYER :- Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the impugned Charge Sheet in C.C.No.252/2013 on the file of the Judicial Magistrate No.I, Kuzhhithurai and quash the same as illegal as far as the petitioners/accused No.1 to 4. For Petitioners : Mr.L.Shaji Chellan, For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) 1/12

For R2 : Mr.C.Suresh Kannan

ORDER

The petitioners seek to quash the impugned Charge Sheet in C.C.No.252/2013, on the file of the Judicial Magistrate No.I, Kuzhhithurai, which was filed for the offences under Sections 498(A) and 406 IPC.

2.The allegation in the charge sheet is that the first petitioner and the defacto complainant are husband and wife and that the petitioners harassed the defacto complainant on account of a dowry demand and thus, committed the aforesaid offences.

3.The learned counsel for the petitioners and the learned counsel for the defacto complainant/the second respondent would submit that the parties have now entered into a compromise on the advise of the elders and well-wishers and both the parties have agreed that the impugned charge sheet may be quashed.

4.The parties have also filed a joint compromise memo. The scanned copy of the compromise memo reads as follows: 2/12

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5.The petitioners, namely, C.Balakrishna Moorthy, (Aadhaar No. 8376 0900 1934), Chellan (Aadhaar No.2225 0754 6791), Thangam (Aadhaar No.8337 3667 3531), Karpagavalli (Aadhaar No.7110 2750 0938) and the second respondent, namely, Raichel C.Raj (Aadhaar No. 9435 2913 9863) are present before this Court in person. They are identified by Mr.Marthandam, Special Sub Inspector of Police, All Women Police Station, Kuzhithurai, Kanyakumari District. All the parties confirmed the compromise arrived at between them. 6.Considering the nature of the offences, the fact that it arises out of a matrimonial dispute and the parties have arrived at a compromise, this Court is of the view that no useful purpose would be served by keeping the impugned charge sheet pending trial. Accordingly, the impugned charge sheet in C.C.No.252/2013, on the file of the Judicial Magistrate No.I, Kuzhhithurai, is quashed and the Criminal Original Petition stands allowed.

25.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No 11/12

SUNDER MOHAN,J cp To

1. The Inspector of Police, All Women Police Station, Kuzhithurai, Kanyakumari District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.14738 of 2025 Date : 25/09/2025 12/12