Diwakar @ Dhivakar v. The State Of Tamil Nadu, Rep. By The Inspector Of Police,

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

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

1. Diwakar @ Dhivakar,

2. Rahul,

3. Gopi @ Gopinath, ... Petitioners Vs 1.The State of Tamil Nadu, Rep by the Inspector of Police,, Devadanapatti Police Station, Theni District.

(Crime No.341/2025).

2. Muniyasamy ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to the case in Crime No.341 of 2025 dated 20.08.2025 on the file of the first respondent police and quash the same. For Petitioner : Mr.B.Karunanithi For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Mr.S.Vellai Chamy 1/8

ORDER

This Criminal Original Petition is filed seeking to quash the FIR in Crime No.341 of 2025, on the file of the first respondent Police, which was registered for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS and 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Act 1989.

2. The allegation in the FIR is that the defacto complainant's son, Jawahar, is studying at Mary Madha College, Nallakaruppanpatti; that the petitioners, who are also students of the same college, ragged him, abused him using his caste name, assaulted him with a knife and also threatened him 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 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 F.I.R may be quashed.

4.The parties have also filed a joint compromise memo. The scanned copy of the compromise memo reads as follows: 2/8

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5.The petitioners, namely, Diwakar @ Dhivakar (Aadhaar No.7135 2526 1309), Rahul (Aadhaar No.3758 8185 5378), Gopi @ Gopinath (Aadhaar No.3640 6184 9696) and the second respondent, namely, Muniyasamy (Aadhaar No.5055 1541 4532) are present before this Court in person. They are identified by Mr.K.Balamurugan, Special Sub Inspector of Police, Devadanapatti Police Station, Theni District. All the parties confirmed the compromise arrived at between them. 6.Considering the nature of the offences and the fact that the parties have arrived at a 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.341 of 2025, on the file of the first respondent police, is quashed and the Criminal Original Petition stands allowed.

25.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp 6/8

To 1.The Inspector of Police,, Devadanapatti Police Station, Theni District.

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

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SUNDER MOHAN,J CP

ORDER

IN CRL OP(MD) No.16289 of 2025 Date : 25/09/2025 8/8