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Madras High CourtCRL OP(MD)/15704/2025allowed

Pauldurai v. The State Of Tamilnadu

2025-10-15Honourable Mr Justice Sunder Mohan12 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) Nos.12803, 12805, 13950 & 13951 of 2025 Crl.O.P.(MD) No.15704 of 2025 1.Pauldurai 2.Basil Sam Stalin @ Basil 3.Amalnathan 4.Jenithdurai 5.Jebastine 6.Ebnanesar Paulraj @ Ebinezer Pauldurai ... Petitioners Vs.

1.The State of Tamil Nadu Represented by The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.284 of 2024) 2.Vinithraja ... Respondents Page No. 1 of 12

PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records in C.C.No. 487 of 2024 on the file of the learned Judicial Magistrate, Nanguneri and quash the same as against the petitioners.

For Petitioners : Mr.R.Anand For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R2 : Mr.A.Mohan Crl.O.P.(MD) No.17107 of 2025 1.Issac Samuel 2.Isravel 3.Vinith Raja 4.Ajay 5.Rajan alias Rajenthiran 6.Meriton 7.Bravin 8.Alwinraj 9.Robin alias Robinsonkumar 10.Mahindran ... Petitioners Vs.

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1.The State of Tamil Nadu Rep. by the Inspector of Police, Eruvadi Police Station, Tirunelveli District. (Crime No.285 of 2024) 2.Amalnathan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records in C.C.No. 487 of 2024 on the file of the learned Judicial Magistrate, Nanguneri and quash the same as against the petitioners.

For Petitioners : Mr.A.Mohan For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R2 : Mr.R.Anand C O M M O N O R D E R These Criminal Original Petitions have been filed seeking to quash the final reports in C.C.No.487 of 2024 and C.C.No.488 of 2024, on the file of the learned Judicial Magistrate, Nanguneri, for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), and 351(3) of the Bharatiya Nyaya Sanhita, 2023.

2. These two quash petitions arise out of Crime Nos.284 and 285 of 2024. The petitioners in both the petitions have been accused of attacking Page No. 3 of 12

the second respondent/defacto complainant in the respective cases and others with hands, sticks, iron rods, and stones, causing injuries to them.

3. Both the learned counsel for the petitioners would submit that, in respect of the same occurrence, the first respondent police have filed final reports in both Crime Nos.284 and 285 of 2024, in violation of PSO 566 and the guidelines issued by this Court, particularly for the very same offences; that the parties have since arrived at a compromise and, as some of the parties are abroad, they could not file a joint compromise memo; that, however, the second respondents/defacto complainants in both the cases are present before this Court and has filed affidavits stating that they have no objection to the quashing of both the final reports; and that this Court may accept the same and quash both the impugned proceedings.

4. It is seen that the defacto complainant and the victim in Crl.O.P. (MD) No.17107 of 2025 are the third and fifth accused in Crl.O.P.(MD) No.15704 of 2025. Similarly, the defacto complainant and two victims, namely Issac and Alwin, are the third, first, and ninth accused in Crl.O.P. (MD) No.17107 of 2025. One of the victims, namely Jebin, is not an accused in any of the cases. Both the defacto complainants are present Page No. 4 of 12

before this Court. They are identified by Mr.P.Shanmugasundaram, Special Sub-Inspector of Police, Ervadi Police Station. They have confirmed that they have no objection to the quashing of both the final reports. They have filed affidavits, which read as follows: Crl.O.P.(MD) No.15704 of 2025 Page No. 5 of 12

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Crl.O.P.(MD) No.17107 of 2025 Page No. 7 of 12

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6. Considering the fact that this is a case and case in counter; that the first respondent police have violated PSO 566 as well as the directions of this Court; and that since both the second respondents/defacto complainants in the respective cases do not wish to pursue the matter, this Court is of the view that no useful purpose would be served by keeping the impugned final reports pending trial. Accordingly, the impugned final reports in C.C.No.487 of 2024 and C.C.No.488 of 2024, on the file of the learned Judicial Magistrate, Nanguneri, are quashed. The petitioners in Crl.O.P.(MD) No.15704 of 2025 shall pay a sum of Rs.5,000/- and the petitioners in Crl.O.P.(MD) No.17107 of 2025 shall pay a sum of Rs. 5,000/- as costs to the Mediation and Conciliation Centre attached to the Madurai Bench of Madras High Court forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

7. Hence, these Criminal Original Petitions stand allowed. 15.10.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Page No. 10 of 12

Copy To:

1.The Judicial Magistrate, Nanguneri, Tirunelveli District.

2.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

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SUNDER MOHAN , J.

JEN 15.10.2025 Page No. 12 of 12