Alagar @ Alagarsamy v. The State Of Tamil Nadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15980 of 2025 Alagar @ Alagarsamy ... Petitioner/Sole Accused Vs.

1.The State of Tamil Nadu, Rep. by the Inspector of Police, Y.Othakadai Police Station, Madurai.

(Crime No.71 of 2013) ... 1st Respondent/Complainant 2.Arumugam ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the impugned Charge Sheet in S.C.No.265 of 2020 before the Chief Judicial Magistrate Court, Madurai and quash the same as illegal.

For Petitioner : Mr.R.Narendran For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-2 : Mr.N.Jeyaram Sidharth 1/8

ORDER

This Criminal Original Petition is filed to quash the final report in S.C.No.265 of 2020 on the file of the learned Chief Judicial Magistrate, Madurai, which was filed for the offences under Section 341, 294(b), 326, 307 and 506(ii) of IPC.

2. The allegation in the final report is that the petitioner and the defacto complainant were friends; that the petitioner asked the defacto complainant to buy liquor; that since the defacto complainant refused, the petitioner attacked the defacto complainant with a liquor bottle, as a result of which, the defacto complainant sustained injury on the head and neck.

3. The learned counsel for the petitioner would submit that though the petitioner has been charged for the offence under Section 307 of IPC, the allegations would suggest that the offence under Section 307 is not made out; that the alleged occurrence took place in a scuffle between two friends, who were in an inebriated condition; that now the parties have arrived at a compromise and that no useful purpose would be served in keeping the proceedings pending.

2/8

4. The parties have filed a joint compromise memo dated 19th September 2025 and the scanned copy of the compromise memo reads as follows: 3/8

4/8

5/8

5. The petitioner, namely, Alagar @ Alagarsamy (Aadhaar No.7810 9630 6514) and the second respondent, namely, Arumugam (Aadhaar No.2402 0194 0481) are present before this Court in person. They are identified by Mr.D.Samuvel Singh, Special Sub Inspector of Police, E1 Pudur L&O Police Station, Madurai City. The second respondent confirms the compromise and would even go to the extent of saying that the injuries sustained by him were due to a fall.

6. Considering the nature of allegations and the submission made by the defacto complainant, this Court is of the view that the offence under Section 307 of IPC would not be made out.

7. Considering the aforesaid facts and the compromise arrived between the parties, this Court is of the view that no useful purpose would be served in keeping the impugned final report pending trial. Accordingly, the impugned final report in S.C.No.265 of 2020 on the file of the learned Chief Judicial Magistrate, Madurai is quashed and the Criminal Original Petition stands allowed. The petitioner shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs to the Mediation and Conciliation Centre attached to this Bench 6/8

forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

23.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Chief Judicial Magistrate Court, Madurai.

2.The Inspector of Police, Y.Othakadai Police Station, Madurai.

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

7/8

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.15980 of 2025 23.09.2025 8/8