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2025 DAILYLAW 188058 (MAD)

Khalith @ Abdulkalick v. State of Tamil Nadu

CRL OP(MD)/16930/2025 · 2025-10-13

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.16930 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16930 of 2025 1.Khalith @ Abdulkalick 2.Ajees @ Abdul Ajiesh 3.Sundaramoorthy @ Chandra Moorthi 4.Murali @ Muralitharan 5.Mohammed Azees @ race Azees 6.Harikumar @ Hari 7.Mohamed Ishak ... Petitioners/Accused 1 to 7 Vs. 1.State of Tamil Nadu represented by The Inspector of Police, Avaniyapuram Police Station, Madurai District. (Crime No.699/2021) ... Respondent No.1/Complainant 2.M.Deepan ... Respondent No.2/Defacto Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to to call for the records pertaining to the impugned FIR in Crime No.699 of 2021 on the file of the respondent No.1 police and quash the same. 1/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16930 of 2025 For Petitioners : Mr.SMA.Jinnah For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.J.Muhammed Akram ORDER This Criminal Original Petition is filed seeking to quash the FIR in Crime No.699 of 2021 on the file of the first respondent, which was registered for the offences under Section 147, 148, 294(b), 323, 307 and 506(2) of IPC. 2. The allegation in the FIR is that on account of prior enmity, the petitioners abused the defacto complainant in filthy language; that they had attacked the defacto complainant with knife and also assaulted him and thus committed the aforesaid offences. 3. Due to the intervention of the elders, the parties 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 23.09.2025 and the scanned copy of the compromise memo reads as follows: 2/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16930 of 2025 3/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16930 of 2025 4/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16930 of 2025 5/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16930 of 2025 6/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16930 of 2025 4. The second respondent/defacto complainant, namely, M.Deepan (Aadhaar No.5905 2110 9075) is present before this Court in person and identified by Mr.K.Chinnuraj, Special Sub Inspector of Police, Avaniyapuram Police Station, Madurai District. The defacto complainant confirms the compromise and states that the alleged injury was caused due to a fall and that he has sustained a simple injury. 5. Considering the statement made by the defacto complainant, this Court is of the view that the offence under Section 307 of IPC would not be made out. 6. In view of the same and considering the nature of the offences and the compromise arrived between the parties, this Court is of the view that no useful purpose would be served in keeping the impugned FIR pending investigation. Accordingly, the impugned FIR in Crime No.699 of 2021 on the file of the first respondent is quashed and the Criminal Original Petition stands allowed. 13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 7/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16930 of 2025 To 1.The Inspector of Police, Avaniyapuram Police Station, Madurai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 8/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16930 of 2025 SUNDER MOHAN, J. Lm Crl.O.P(MD).No.16930 of 2025 13.10.2025 9/9 https://www.mhc.tn.gov.in/judis