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Madras High CourtCRL OP(MD)/21209/2025allowed

Silviya v. The State Of Tamilnadu Rep.By

2025-11-25Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and Crl.M.P(MD) Nos.14267, 14269 of 2024, 955 and 956 of 2024 Crl.O.P(MD) No.21209 of 2025 1.Silviya 2.Jerom 3.Davis 4.Wensus 5.Prince ... Petitioners/Accused 1 to 5 Vs.

1.The State of Tamilnadu Represented by The Inspector of Police, Cr.No.592 of 2021.

...1st Respondent/Complainant 2.Reyny ...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the impugned FIR in Crime No.592 of 2021 on the file of the 1st respondent Police and quash the same. 1/6

For Petitioner : Mr.A.Arun Prasad For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R2 : Mr.C.Susikumar Crl.O.P(MD) Nos.17528 of 2025 and 1384 of 2024 Pannerselvam ... Petitioner/Accused 1 (in Crl.O.P(MD) No.17528 of 2025) 1.Selvamary 2.Rainee 3.Emilee ... Petitioners/Accused 2 to 4 (in Crl.O.P(MD) No.1384 of 2024) Vs.

1.The State of Tamilnadu Represented by The Inspector of Police, Cr.No.593 of 2021.

...1st Respondent/Complainant (in both cases) 2.Anjuspinselviya ...2nd Respondent/Defacto Complainant (in both cases) Common Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the charge sheet in C.C.No.133 of 2023 on the file of the learned Judicial Magistrate, Lalkudi and quash the same as against the petitioners are concerned.

For Petitioner : Mr.C.Susikumar (in both cases) For R1 : Mr.R.Meenakshi Sundaram 2/6

Additional Public Prosecutor (in both cases) For R2 : Mr.A.Arun Prasad (in both cases) COMMON ORDER The Criminal Original Petition in Crl.O.P(MD) No.21209 of 2025 has been filed to quash the First Information Report registered in Crime No.592 of 2021 on the file of the first respondent Police registered for the offences punishable under Sections 294(b), 506(ii) of IPC and Section 4 of TNPHW Act, 2002.

1.2. This gist of the allegation in the FIR impugned in Crl.O.P(MD) No. 21209 of 2025 is that on account of previous enmity, the petitioners had caused damage to the compound wall of the second respondent; that thereafter attacked the second repsondent and others with the hands and threatened them of dire consequences.

2. The Criminal Original Petitions in Crl.O.P(MD) No.17528 of 2025 and 1384 of 2024 have been filed by the accused challenging the final report in C.C.No.133 of 2023 on the file of the learned Judicial Magistrate, Lalkudi, filed for the offences punishable under Sections 294(b), 506(ii) of IPC and Section 4 3/6

of TNPHW Act, 2002.

2.2. This gist of the allegation in the final report impugned in Crl.O.P(MD) No.17528 of 2025 and 1384 of 2024 is that on account of previous enmity, the petitioners had attacked the defacto complainant, when she removed her compound wall, abused her in filthy language and also committed the offence of criminal intimidation.

3. The FIR impugnd in Crl.OP.(MD) No.21209 of 2025 and the FIR in Cr.No.593 of 2021 which culminated in the final report in C.C.No.133 of 2023 challenged in Crl.OP (MD) No.17528 of 2025 and Crl.OP.(MD) No.1384 of 2024 have been registered as case and case in counter.

4. The learned counsels on either side submitted that the dispute is between the neighbours; that they have resolved their differences; and that in any case the harm caused to defacto complainants is slight and hence both the proceedings may be quashed.

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5. The learned Additional Public Prosecutor confirms that the parties have resolved their differences and in fact the respondent intends to close the FIR in Cr.No.592 of 201 as 'mistake of fact'.

6. Considering the fact that these two proceedings impugned arise out of case and case in counter and the defacto complainant in both the cases have no objection in quashing their respective cases as the parties, who are neighbours, have since resolved their differences, this Court is inclined to quash both the proceedings.

7. Accordingly, the FIR in Crime No.592 of 2021 on the file of the first respondent Police and the final report in C.C.No.133 of 2023 on the file of the learned Judicial Magistrate, Lalkudi are quashed. The Criminal Original Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed.

25.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu/ars 5/6

SUNDER MOHAN, J.

Indu/ars To 1.The Inspector of Police, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).Nos.21209, 17528 of 2025 and 1384 of 2024 25.11.2025 6/6