John Spensar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15701 of 2025
1. John Spensar
2. Ashly John
3. Ayyappa Jothi
4. Prabakaran
5. Agasthiyalingam Pillai @ Mat
6. Mathavan @ Mathu ... Petitioners Vs.
1.The State of Tamil Nadu, Represented by the Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.
Crime No.50 of 2016.
... 1st Respondent/Complainant 2.Anand ...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code/Section 528 of BNSS, 2023, to call for the records pertaining to the impugned Charge Sheet in PRC No.27 of 2025 on the file of the Learned Judicial Magistrate Court No.1, Nagercoil, Kanyakumari District and quash the same in so far as the petitioners are concerned. 1/8
For Petitioners : Mr.B.Jameelarasu For R-1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R-2 : Mr.S.Paul Murugesh
ORDER
The petitioners seek to quash the final report in PRC No.27 of 2025 on the file of the Learned Judicial Magistrate Court No.1, Nagercoil, Kanyakumari District, which was filed for the offences under Sections 149, 148, 294(b), 307, 323, 341, 147 and 506(ii) of IPC.
2. The allegation in the final report is that due to prior enmity, the petitioners abused the defacto complainant in filthy language, attacked him and threatened him with dire consequences and thus, committed the aforesaid offences.
3. The learned counsel for the petitioners and the second respondent would submit that the parties have now entered into a compromise and decided to give a quietus to the entire dispute. The parties have filed a joint compromise memo dated 18th September 2025 and the scanned copy of the compromise memo reads as follows:
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4. The petitioners and the second respondent are present before this Court in person. They are identified by Mr.P.Ananth, Head Constable, Rajakkamangalam Police Station, Kanyakumari District. All the parties confirmed the compromise arrived at between them.
5. Though the impugned Final Report alleges the commission of offence under Section 307 of IPC, it is seen from the records that the defacto complainant sustained only an abrasion on the lower lip. Therefore, this Court is of the view that the offence under Section 307 of IPC is not made out.
6. In view of the same, considering the relationship between the parties and the compromise arrived at between them, 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 PRC No.27 of 2025 on the file of the Learned Judicial Magistrate Court No.1, Nagercoil, Kanyakumari District, is quashed and the Criminal Original Petition stands allowed. 19.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 6/8
To 1.The learned Judicial Magistrate Court No.1, Nagercoil, Kanyakumari District.
2.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN, J.
Indu Crl.O.P(MD).No.15701 of 2025 19.09.2025 8/8