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Madras High CourtCRL OP(MD)/18338/2025allowed

Manikandan @ Kuppi Manikandan v. State Of Tamilnadu Rep By Inspector Of Police, Vadaseri

2025-11-27Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL OP(MD). No.18338 of 2025

1. Manikandan @ Kuppi Manikandan,

2. Esak @ Sam Esak @ Isak,

3. Raja @ Dappi Raja,

4. Jones,

5. Vetrivel,

6. Viji,

7. Mugesh,

8. Manikandan, ... Petitioners Vs.

1. State of Tamilnadu Rep by Inspector of Police, Vadaseri Police Station, Kanyakumari District.

Crime No.265/2022).

2. Geetha,,

3. Aakash,

4. Manikandan, ... Respondents PRAYER :-This petition is filed under 528 BNSS, to call for the entire records pertaining to the proceedings in S.C.No.252/2024 pending on the file of the learned II Additional District Judge, Nagercoil, and quash the same as far as the petitioners are concerned. 1/6

For Petitioners : Mr.Dhilipan Pandian R L, For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor for R1 : Mr.L.Siva for R2 to R4

ORDER

The petitioners seek to quash the impugned final report filed for the offences under Sections 147, 148, 149, 294(b), 307 and 506(ii) I.P.C.

2. The gist of the allegation is that on account of prior enmity, the petitioners had attacked the defacto complainant and two others, who are the respondents 2 to 4, with knife and abused them in filthy language and caused injuries and thus committed the aforesaid offences.

3. Admittedly, the petitioners and the respondents 2 to 4 belonging to same village and they 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 17.10.2025.

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4. The learned counsel for the petitioners would submit that though the prosecution had alleged the commission of the offence under Section 307 IPC, considering the nature of injuries and the relationship between the parties, who are all fishermen, belonging to the same village and the fact that the defacto complaint is not willing to pursue the case, the final report may be quashed on the ground of compromise.

5. The petitioners and the defacto complainant and other two victims, viz., the respondents 2 to 4 are present before this Court in person. They are identified by Mr.Vaishkumar, Special Sub Inspector of Police, Vadaseri Police Station, Kanyakumari District. All the parties confirmed the compromise arrived at between them.

6. It is seen that there are two victims in this case. The first victim had suffered injuries on the back neck, chest and the abdominal region. The second victim has suffered laceration injuries in the hands. As stated earlier, the alleged occurrence took place pursuant to a dispute between two groups of fishermen. Considering the said fact and the nature of the 3/6

injuries said to have been suffered by the victim, this Court is of the view that the intention of the petitioners to cause death of the victims, cannot be inferred. Hence, the offence under Section 307 of the IPC would not be made out in the facts and circumstances of the case. Further, the dispute is purely private in nature and since the defacto complainant does not wish to pursue the complaint, the chances of conviction are bleak.

7. Therefore, considering the above facts, the nature of the allegation, relationship and the compromise arrived at between the parties, this Court is of the view that no useful purpose would be served by keeping the impugned final report pending trial. Accordingly, the impugned final report is quashed and the Criminal Original Petition stands allowed. The joint compromise memo dated 17.10.2025, shall form part and parcel of the order. The petitioner shall pay a cost of Rs. 20,000/- to the Mediation and Conciliation Centre attached to this Bench and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

27.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes/No LS /ars 4/6

TO

1. The II Additional District Judge, Nagercoil.

2.The Inspector of Police, Vadaseri Police Station, Kanyakumari District.

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

3.The Officer-in-charge, Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN,J LS/ars CRL OP(MD) No.18338 of 2025 27.11.2025 6/6