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2025 DAILYLAW 215838 (MAD)

Ishak Khan v. The State of Tamilnadu, Rep. by The Inspector of Police,

CRL OP(MD)/18270/2025 · 2025-10-27

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.18270 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/10/2025 CORAM THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL OP(MD). No.18270 of 2025 Ishak Khan ... Petitioner Vs 1.The State of Tamilnadu, Rep by the Inspector of Police, Trichy City Police Station, Trichy District. 2.Vanitha ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in connection with Charge Sheet in C.C.No. 931 of 2025 on the file of the Judicial Magistrate No.II, Trichy and to quash the same. For Petitioner : Mr.P.Sivachandran For R1 : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) For R2 : Mr.R.Paranjothi 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18270 of 2025 ORDER The petitioner seeks to quash the impugned charge sheet in C.C.No.931 of 2025, on the file of the learned Judicial Magistrate No.II, Trichy which was filed for the offences under Sections 296(b), 115(2) and 351(3) of BNS. 2.The allegation in the charge sheet is that the petitioner is the husband of the defacto complainant; that due to a matrimonial dispute, the petitioner abused the defacto complainant in filthy language, attacked her with hands and also threatened her with dire consequences and thus, committed the aforesaid offences. 3.The learned counsel for the petitioners and the learned counsel for the defacto complainant/the second respondent would submit that the parties have now entered into a compromise on the advise of the elders and well-wishers and both the parties have agreed that the impugned final report may be quashed. 4.The parties have also filed a joint compromise memo dated 11.10.2025. The scanned copy of the compromise memo reads as follows: 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18270 of 2025 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18270 of 2025 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18270 of 2025 5.The petitioners, namely, Ishak Khan (Aadhaar No.5076 1755 3566) and the second respondent, namely, Vanitha (Aadhaar No.3246 3014 9581) are present before this Court in person. They are identified by Mr.S.Prasad, Head Constable, Trichy City. All the parties confirmed the compromise arrived at between them. 6.Considering the nature of the offences and the fact that it is a matrimonial dispute and that the parties have arrived at a compromise, this Court is of the view that no useful purpose would be served by keeping the impugned charge sheet pending trial. Accordingly, the impugned charge sheet in C.C.No.931 of 2025 on the file of the learned Judicial Magistrate No.II, Trichy, is quashed and the Criminal Original Petition stands allowed. 27.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18270 of 2025 TO 1. The Judicial Magistrate No.II, Trichy, 2.The Inspector of Police,, Trichy City Police Station, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18270 of 2025 SUNDER MOHAN,J CP ORDER IN CRL OP(MD) No.18270 of 2025 Date : 27/10/2025 7/7 https://www.mhc.tn.gov.in/judis