S.Mohamed Abdul Kader v. The State Of Tamilnadu, Rep. By The Inspector Of Police, Melapalayam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

1. S.Mohamed Abdul Kader,

2. Abubacker Siddiq @ Pambu, ... Petitioners Vs.

1. The State of Tamilnadu, Rep., By the Inspector of Police, Melapalayam,Melapalayam Police Station, Tirunelveli City.

(Crime No.784 of 2016).

2. Abbas ... Respondents PRAYER :- Criminal Original Petition filed under Section 528 BNSS, to call for the records relating to the charge sheet in P.R.C.No.54/2019 on the file of Judicial Magistrate Court No.V, Tirunelveli and quash the same against the petitioners concern.

For Petitioners : Mr.C. Susikumar, For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) for R1 : Mr.R.Maheswaran for R2 1/5

ORDER

The petitioners seek to quash the final report filed for the offences under Sections 294(b), 323, 324, 307 and 506(ii) IPC.

2. The gist of the allegations in the final report is that on account of prior enmity, the petitioners had attacked the defacto complainant with iron pipes and sticks and attempted to attack with knife, threatened the defacto complainant of dire consequences and abused in filthy language and thus, committed the aforesaid offences.

3. The learned counsel for the petitioners would submit that the parties have since arrived at a compromise and though offence under Section 307 of IPC has been charged, the allegations do not disclose the said offence as even according to the doctor, the victim did not sustain any external injury and even before an x-ray could be taken, he had left the hospital.

4. Admittedly, the petitioners and the second respondent have now entered into a compromise and decided to give a quietus to the entire 2/5

dispute. The parties have filed a joint compromise memo dated 23.10.2025.

4. The petitioners and the second respondent are present before this Court in person. They are identified by Ms.S.Santhi, SSI, Melapalayam Police Station, Tirunelveli District. All the parties confirmed the compromise arrived at between them.

5. Though it is alleged that the petitioners had committed the offence under Section 307 of IPC, it is seen from the statement of the doctor that the 2nd respondent had not sustained any external injuries and it is also seen that the 2nd respondent had left the hospital even before the x-ray could be taken.

6. Considering the aforesaid fact, this Court is of the view that the allegation would not attract the offence under Section 307 of IPC. Hence, in view of the compromise and the relationship between the parties, this Court In view of the view that no useful purpose would be served by keeping the impugned final report pending trial. Accordingly, 3/5

the impugned final report is quashed and the Criminal Original Petition stands allowed. The joint compromise memos dated 23.10.2025 shall form part and parcel of the order. The petitioners shall pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as costs 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. 04.11.2025 Index: Yes/ No Speaking Order/Non-Speaking Order LS TO

1. The Judicial Magistrate Court No.V, Tirunelveli 2.The Inspector of Police, Melapalayam, Melapalayam Police Station, Tirunelveli City.

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

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

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SUNDER MOHAN,J LS CRL OP(MD) No.19087 of 2025 04.11.2025 5/5