Vaithiyanathan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).Nos.17064 & 17065 of 2025 Crl.O.P(MD)No.17064 of 2025:
1.Vaithiyanathan 2.Pratheep @ Pradeep 3.Chinthanai Selvan @ Sinthanai Selvan 4.Vasanthakumar ... Petitioners/Accused 1, 4, 5 & 6 Vs.
1.State of Tamil Nadu through, The Inspector of Police, Karaikudi North Police Station, Sivagangai District.
(In Crime No.95 of 2023).
... 1st Respondent/Complainant 2.Rajkumar ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records pertaining to the impugned charge sheet in C.C.No.245 of 2023 on the file of the learned Judicial Magistrate Court, Karaikudi, Sivagangai District and to quash the same as illegal insofar as the petitioners are concerned.
For Petitioners : Mr.R.Vinodh For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-2 : Mr.P.Suresh 1/18
Crl.O.P(MD)No.17065 of 2025:
1.Rajkumar, S/o.Sankar, No.7, Subramaniyapuram 10th Street, Karaikudi, Sivagangai District.
2.Rajkumar, S/o.Manoharan, No.63/38, Mathavan Street, Meenachipuram, Karaikudi, Sivagangai District.
Permanent Address, No.105(1), Amabalakarar Street, Meenatchipuram, Karaikudi, Sivagangai District.
... Petitioners/Accused 1 & 2 Vs.
1.State of Tamil Nadu through, The Inspector of Police, Karaikudi North Police Station, Sivagangai District.
(In Crime No.96 of 2023).
... 1st Respondent/Complainant 2.Vaithiyanathan ... 2nd Respondent/ Defacto Complainant 3.Pratheep @ Pradeep 4.Vasanthakumar ... Respondents 3 & 4/Victims Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records pertaining to the impugned charge sheet in C.C.No.169 of 2023 on the file of the learned Judicial Magistrate Court, Karaikudi, Sivagangai District and to quash the same as illegal.
2/18
For Petitioners : Mr.P.Suresh For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-2 to R-4 : Mr.R.Vinoth COMMON ORDER These Criminal Original Petitions are filed to quash the impugned final reports in C.C.No.245 of 2023 filed for the offences under Section 147, 148, 294(b), 323, 324 and 506(2) of IPC; and C.C.No.169 of 2023 filed for the offences under Section 294(b), 323, 506(2) and 326 of IPC.
2. The accused in one case is the defacto complainant in the other case. The allegations in the final reports are that on account of prior enmity, the accused abused the defacto complainant in filthy language and attacked him with wooden logs and iron rod; that they had also threatened him of dire consequences and thus committed the aforesaid offences.
3. Due to the intervention of the elders, the parties have now arrived at a compromise and decided to give a quietus to the entire dispute. The parties have filed joint compromise memo separately.
3/18
4. The scanned copy of the compromise memo filed in Crl.O.P.(MD). No.17064 of 2025 dated 26.09.2025 reads as follows: 4/18
5/18
6/18
7/18
8/18
9/18
5. The scanned copy of the compromise memo filed in Crl.O.P.(MD). No.17065 of 2025 dated 29.09.2025 reads as follows: 10/18
11/18
12/18
13/18
14/18
15/18
6. The defacto complainant and the victims in both the cases, namely, Rajkumar (Aadhaar No.8854 9131 8900), Vaithiyanathan (Aadhaar No.5258 5062 9050), Pratheep @ Pradeep (Aadhaar No.5084 8384 9477) and Vasanthakumar (Aadhaar No.6490 0540 0247) are present before this Court in person. They are identified by Mr.C.Subbiah, Special Sub Inspector of Police, Karaikudi North Police Station, Sivagangai District. All the parties confirmed the compromise arrived at between them.
7. In view of the same and considering the nature of the offences 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 reports pending trial. Though there are other accused in C.C.No.245 of 2023, since the defacto complainant is not interested in prosecuting the case, the impugned final reports in C.C.No.245 of 2023 and C.C.No.169 of 2023 on the file of the learned Judicial Magistrate, Karaikudi, Sivagangai District are quashed as against all the accused and the Criminal Original Petitions are allowed. 13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 16/18
To 1.The Judicial Magistrate Court, Karaikudi, Sivagangai District.
2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
17/18
SUNDER MOHAN, J.
Lm Crl.O.P(MD).Nos.17064 & 17065 of 2025 13.10.2025 18/18