Santhosh Rajasekar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.22636 of 2024 and CRL.M.P.(MD)Nos.14140 & 14141 of 2024 1.Santhosh Rajasekar 2.Abishek Kabilan 3.Kishok Raj 4.Parithipan 5.Ashokan : Petitioners Vs.
1.The State rep. by, The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.
(Crime No.115 of 2023) 2.Chellapandiyan : Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records Page No. 1 of 6
relating to the Charge Sheet in C.C.No.52 of 2024 on the file of the learned Judicial Magistrate,Nilakottai and quash the same. For petitioners : Mr.S.Muthukannan For Respondent No.1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl side) For Respondent No.2 : Mr.R.Naveen Kumar
O R D E R
This petition has been filed by the petitioners to call for the records pertaining to C.C.No.52 of 2024, on the file of the Judicial Magistrate, Nilakottai, for the offences under Sections 147, 294(b), 323 and 506(ii) of IPC in Crime No.115 of 2023 and quash the same.
2. Based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No.115 of 2023 for the offences under Sections 147, 294(b), 323 and 506(ii) of IPC.
3. When the matter was taken up for hearing, the learned counsel on both sides represented that during pendency of the case in C.C.No.52 of 2024, the matter has been amicably settled between the parties and to that Page No. 2 of 6
effect, they have entered into a compromise and the same was filed before this Court.
4. Today, the defacto-complainant and all the accused are present and the Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise. A compromise memo, dated 19.02.2025 signed by the parties and their respective counsels, is also filed before this Court.
5. The learned Government Advocate [Crl. Side] appearing for the respondent police would submit that there are other injured persons also arrayed as witnesses and those persons are not party to this petition.
6. This Court has perused the terms of the compromise memo. Today, the affidavit of the other victims also filed before this Court and they did not sustain serious injuries and they have expressed their no objection for allowing this petition.
7. Considering the nature of the offences, and the fact that the parties have also entered into a compromise, it is appropriate to allow this petition.
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8. Recording the said compromise memo, this petition is allowed and C.C.No.52 of 2024 on the file of the Judicial Magistrate, Nilakottai, is quashed. The compromise memo dated 19.02.2025 filed by the parties shall form part of this order. Consequently, connected miscellaneous petitions are closed.
04.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No MR Page No. 4 of 6
To 1.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J MR Crl.OP(MD) No.22636 of 2024 04.03.2025 Page No. 6 of 6