← Library
Madras High CourtCRL OP(MD)/21602/2025allowed

A.Muthuramalingam v. State Of Tamilnadu Rep By The Inspector Of Police, Kadupatty

2025-11-28Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.21602 of 2025 and CRL.M.P(MD)Nos.18590 and 18589 of 2025 A.Muthuramalingam ... Petitioner/Sole Accused Vs.

1.The State of Tamilnadu Rep by, The Inspector of Police, Kadupatty Police Station, Madurai District.

Crime No.39 of 2024 ... 1st Respondent/Complainant 2.Ponmalar ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code/Section 528 of BNSS, 2023, to call for the records pertaining to the impugned charge sheet in P.R.C.No.58 of 2025 on the file of the learned Judicial Magistrate Court, Vadipatti, Madurai District and to quash the same as illegal.

For Petitioner : Mr.M.Iniyavan For R-1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R-2 : Mr.S.Sabbani Karpura Jothi 1/5

ORDER

The petitioner seek to quash the impugned charge sheet in P.R.C.No.58 of 2025 on the file of the learned Judicial Magistrate Court, Vadipatti, Madurai District, which was filed for the offences under Section 304(ii) and 201 IPC.

2. The gist of the allegation in the impugned final report is that the victim's husband, who was working on the farm belonging to the petitioner, came into contact with an electric fence that was erected to prevent damage to the crops by animals; and that he was electrocuted and died.

3. The learned counsel for the petitioner would submit that a case was originally registered against the petitioner under Section 174 of Cr.P.C and thereafter altered to Sections 304(ii) and 201 IPC; that there is nothing in the impugned final report to suggest that the petitioner had the knowledge that his act was likely to cause the death of the defacto complainant's husband; that there is no evidence even to suggest that the petitioner was guilty of negligence to attract the offence under Section 304(A) of IPC; that the fencing was only meant for protecting the crops from animals; and that therefore, the impugned prosecution is an abuse of process of law.

2/5

4. Admittedly, the petitioner and the second respondent have now entered into a compromise and decided to give a quietus to the entire dispute. The petitioner had paid a compensation of Rs.5,50,000 to the defacto complainant/second respondent and her two minor children The parties have filed a joint compromise memo dated 26.11.2025.

5. The petitioner and the second respondent, namely, Ponmalar (Aadhar No.7409 5780 1760) are present before this Court in person. They are identified by Mr.P.Servai, Special Sub Inspector of Police, Kadupatty Police Station, Madurai. All the parties confirmed the compromise arrived at between them.

6. Considering the submission made by the learned counsel for the petitioner that the offences alleged would not be made out and the fact that the parties have entered into the compromise and the defacto complainant does not wish to pursue the case, this Court is of the view that no useful purpose would be served in keeping the impugned final report pending trial. Accordingly, the impugned charge sheet in P.R.C.No.58 of 2025 on the file of the learned Judicial Magistrate Court, Vadipatti, Madurai District, is quashed and the Criminal Original Petition stands allowed. The joint compromise memo dated 26.11.2025 shall form part of this order. The petitioner shall pay a sum of 3/5

Rs.10,000/- (Rupees Ten Thousand only) as costs to the High Court Legal Services Authority attached to this Bench forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, the connected miscellaneous petitions are closed. 28.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu/ars To 1.The Judicial Magistrate Court, Vadipatti, Madurai District.

2.The Inspector of Police, Kadupatty Police Station, Madurai District.

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

4/5

SUNDER MOHAN, J.

Indu/ars Crl.O.P(MD).No.21602 of 2025 28.11.2025 5/5