Dharmaraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.1598 of 2025

1. Dharmaraj

2. Suresh ... Petitioners Vs

1. The State of Tamil Nadu, Rep by Inspector of Police, South Police Station, Thoothukudi District.

(Crime No.31/2015).

2. Ragu ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records in C.C.No.357 of 2015 on the file of the Judicial Magistrate No.I, Thoothukudi, Thoothukudi District and quash the same. Page No. 1 of 5

For petitioner : Mr.S.Muthu Malai Raja For R1 : Mr. M.Sakthi Kumar Government Advocate (Crl side) For R2 : Mr.Pandiarajan

O R D E R

This petition has been filed by the petitioner to call for the records pertaining to C.C.No.357 of 2015 on the file of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District for the offences under Sections 294(b), 323, 325 and 506(1) of IPC, in Crime No.31 of 2015 and quash the same.

2. According to the petitioner, based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 31 of 2015 for the offences under Sections 294(b), 323, 325 and 506(1) of IPC.

3. When the matter was taken up for hearing, the learned counsel on Page No. 2 of 5

both sides represented that during pendency of the case in C.C.No.357 of 2015, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

4. Today, the defacto-complainant and the accused are present and the Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise. A compromise memo, dated NIL (Received by the Registry on 28.01.2025) signed by the parties and their respective counsels, is also filed before this Court.

5. This Court has perused the terms of the compromise memo.

6. Considering the nature of the offences, the relationship between the parties and they have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed and C.C.No.357 of 2015 on the file of the learned Judicial Magistrate Page No. 3 of 5

No.I, Thoothukudi, Thoothukudi District is quashed. The compromise memo dated NIL (Received by the Registry on 28.01.2025) filed by the parties shall form part of this order.

05.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No LR To 1.The Judicial Magistrate No.I, Thoothukudi District.

2.The State of Tamil Nadu, Rep by Inspector of Police, South Police Station, Thoothukudi District.

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

Page No. 4 of 5

P.DHANABAL,J LR Crl.OP(MD) No.1598 of 2025 05.03.2025 Page No. 5 of 5