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Madras High CourtCRL OP(MD)/17849/2025allowed

Ashok Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Ettayapuram

2025-10-22Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.17849 of 2025 and Crl.M.P(MD) Nos.14629 and 14630 of 2025 Ashok Kumar ... Petitioner /Sole Accused Vs.

1.State of Tamilnadu, Represented by the Inspector of Police, Ettayapuram Police Station Thoothukkudi District.

(Cr.No.249/2023).

..1st Respondent / complainant 2.Sriguru ..2ndRespondent/ Defacto complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the impugned C.C.No.53 of 2025 on the file of the learned Judicial Magistrate Court No.II, Kovilpatti, dated 01.11.2022 and quash the same as illegal.

For Petitioner : Mr.P.M.Vishnuvarthanan For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R2 : M/s.M.Bavatharani 1/5

ORDER

The petitioner seeks to quash the final report in C.C.No.53 of 2025 on the file of the learned Judicial Magistrate Court No.II, Kovilpatti, dated 01.11.2022, which was filed for the offences under Sections 294(b), 506(ii) and 326 of IPC.

2. The allegation in the impugned final report is that in a temple festival, the petitioner abused the defacto complainant in filthy language, attacked him with wooden log, caused grievous injury on his forehead and threatened him of dire consequences and thus, committed the aforesaid offences.

3. Admittedly, the petitioner and the second respondent have now entered into a compromise and decided to give a quietus to the entire dispute. The parties have filed a joint compromise memo dated 15.10.2025.

4. The petitioner and the second respondent, namely, Sriguru (Aadhaar No.6007 9443 7929) are present before this Court in person. They are identified by Mr.P.Kalyana Sundaram, Special Sub Inspector of Police, Ettayapuram Police Station, Thoothukudi District. All the parties confirmed the compromise arrived at between them.

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5. In view of the same, 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 report pending trial. Accordingly, the impugned final report in C.C.No.53 of 2025 on the file of the learned Judicial Magistrate Court No.II, Kovilpatti, is quashed and the Criminal Original Petition stands allowed on the following conditions: (i) the petitioner shall pay a cost of Rs.5,000/- to the Mediation Centre, attached to this Bench forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

(ii) if the petitioner fails to comply with the above condition, the order passed by this Court shall stand vacated without further reference to this Court. The joint compromise memo, dated 15.10.2025 shall form part of this order. Consequently, connected Miscellaneous Petitions are closed. 22.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The learned Judicial Magistrate Court No.II, Kovilpatti. 2.The Inspector of Police, Ettayapuram Police Station Thoothukkudi District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.17849 of 2025 22.10.2025 5/5