Niyas v. The State Of Tamilnadu

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

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

1. Niyas,

2. Jerish,

3. Mariya Ratha Ahash,

4. Mariya Chandra Yogesh,

5. Esthore Parath,

6. Jeyson, ... Petitioners Vs 1.The State of Tamilnadu, Rep. by the Inspector of Police, Thoothukudi South Police Station, Thoothukudi, Thoothukudi District.

(Crime No. 395/2023).

2.Vimala, W/o.Peter ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records of the impugned FIR Crime No.395/2023 dated 1/10

11.09.2023 on the file of the respondent Police and quash the same as illegal.

For Petitioners : Mr.SMA Jinnah, For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Mr.B.Subash

ORDER

This Criminal Original Petition is filed seeking to quash the FIR in Crime No.395 of 2023, on the file of the first respondent Police, which was registered for the offences under Sections 147, 148, 294(b), 323, 435 and 506(2) of IPC.

2.The allegation in the FIR is that on account to prior enmity, the petitioners set fire to waste products outside the defacto complainant's house, attacked her, abused her in filthy language and also threatened her with dire consequences 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 2/10

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 FIR may be quashed.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the final report has been filed before the learned Judicial Magistrate No.I, Thoothukudi, deleting the names of the petitioners 3 to 5 and the petitioners 1 and 6 are shown as accused and that a separate final report has been filed against the second petitioner before the Juvenile Justice Board, Tuticorin. 5.The parties have also filed a joint compromise memo dated 24.09.2025. The scanned copy of the compromise memo reads as follows:

3/10

4/10

5/10

6/10

5.The petitioners, namely, Niyas (Aadhaar No.6252 0296 4476) Jerish (Aadhaar No.5791 8332 7446), Mariya Ratha Ahash (Aadhaar No. 3616 1248 5562), Mariya Chandra Yogesh (Aadhaar No.5522 4311 610300), Esthore Parath (Aadhaar No.4983 5580 6509), Jeyson (Aadhaar No.9432 6130 7071) and the second respondent, namely, Vimala (Aadhaar No.5494 2058 2087) are present before this Court in person. They are identified by Mr.Shanmugam, Special Sub Inspector of Police, 7/10

Thoothukudi South Police Station, Thoothukudi. All the parties confirmed the compromise arrived at between them. 6.Considering the nature of the offences and the fact that the dispute is private in nature and the parties have entered into compromise, this Court is of the view that no useful purpose would be served by keeping the impugned FIR pending investigation. Accordingly, the impugned FIR in Crime No.395 of 2023, on the file of the first respondent police and the consequential final reports filed against the petitioners 1, 2 and 6 are quashed and the Criminal Original Petition is allowed.

25.09.2025 NCC: Yes/No Internet : Yes/No Index:Yes/No cp To

1. The Judicial Magistrate No.I, Thoothukudi. 2.The Juvenile Justice Board, Tuticorin.

8/10

3.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi, Thoothukudi District.

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

9/10

SUNDER MOHAN,J CP

ORDER

IN CRL OP(MD) No.15691 of 2025 Date : 25/09/2025 10/10