Si Of Police v. Sundraj And 7 Others

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 28.08.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN (C.C.No.90 of 2016 on the file of the Judicial Magistrate Court, Thiruvaiyaru Taluk, Thanjavur) The Inspector of Police, Thirukkatupalli Police Station, Thanjavur.

... Petitioner Vs.

1.Sundarraj 2.S.Prabhakaran 3.Panchnathan 4.Durai 5.Dharmaraj 6.Rajan 7.Kaliya 8.G.Prabhakaran ... Respondents Upon perusing the documents and case records of the above C.C.No.90 of 2016 transmitted to this Court and hearing the arguments of Mr.S.Ravi, learned Additional Public Prosecutor, on behalf of the State, this Court 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.90 of 2016 on the file of the Judicial Magistrate Court, Thiruvaiyaru Taluk, Thanjavur as Suo motu Special Tr.Case.(MD) No.10020 of 2025 in Suo Motu W.P.(Crl.).(MD).No.1014 of 2025, upon proper scrutinity and considering its suitability that it is a fit case warranting the exercise of power under Article 226 of Constitution of India to quash the said C.C., which is pending for more than nine years without any progress. 2/6

3.Brief facts of the prosecution case in C.C.No.90 of 2016: Due to the land dispute, on 06.02.2016, at 11.00 p.m, the accused are said to have unlawfully assembled in front of the house of the complainant (P.W.2) and abused him in filthy language. On hearing the same, when the complainant was coming out of the house, they attacked him with an aruval and caused injuries. When P.W.1 and P.W.3 tried to prevent the same, they also attacked them with wooden logs and threatened them with dire consequences. Therefore, a case was registered in Crime No.29 of 2016 for the offence punishable under Sections 147, 148, 294(b), 324, 326 and 506(i) of IPC. Thereafter, it was alterned into Sections 147, 148, 294(b), 326 and 506(ii) of IPC, and on investigation, final report was filed and the same was taken on file in C.C.No.90 of 2016 and the same is pending without trial for more than three years.

4.Discussion:

4.1.Both the complainant and the Inspector of Police appeared through video conference and the complainant submitted that she has settled the issue with the accused and both are living peacefully and agreed to close the case. He also stated that he is consenting without any coercion and also this Court on noting the demeanor of the complainant, finds no 3/6

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 dispute between them, the complainant made a complaint and final report was filed and the same was taken on file in C.C.No.90 of 2016 and pending. Both parties buried the hatchet dispute bonafidely and filed the compromise memo. Considering that the dispute is trivial in nature and now both the complainant and the 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.

Section 482 Cr.P.C.

5.Accordingly, the C.C.No.90 of 2016 on the file of Judicial Magistrate Court, Thiruvaiyaru Taluk, Thanjavur, is quashed and this Suo Motu Transfer case stands closed.

28.08.2025 dss 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.

dss Order made in SUO MOTU Tr. (MD).No.10020 of 2025 28.08.2025 6/6