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2025 DAILYLAW 218620 (MAD)

Yesudhas v. The State of TamilNadu Rep by

CRL OP(MD)/19037/2024 · 2025-10-15

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD) No.19037 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD) No.19037 of 2024 1.Yesudhas 2.Altose ... Petitioners Vs. 1.The State of Tamil Nadu Rep. by the Inspector of Police, Nithiravilai Police Station, Kanyakumari District. (Crime No.387 of 2020) 2.Saraswathi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records pertaining to the charge sheet in C.C.No.72 of 2021 on the file of the learned Judicial Magistrate No.II, Kuzhithurai and quash the same. For Petitioners : Mr.C.R.Nimal For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R2 : Mr.P.Sonu _____________ Page No. 1 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19037 of 2024 O R D E R This Criminal Original Petition has been filed seeking to quash the final report in C.C.No.72 of 2021 on the file of the learned Judicial Magistrate No.II, Kuzhithurai, filed against the petitioners for the offences punishable under Sections 294(b), 323, 324, 341 and 506(2) of the Indian Penal Code, 1860. 2. The allegation in the final report is that, on account of prior enmity between the first petitioner and the second respondent, the petitioners abused the second respondent/defacto complainant in filthy language, attacked her with a knife and a stick, causing simple injuries, committed criminal intimidation, and thus committed the aforesaid offences. 3. Admittedly, the petitioners and the second respondent belong to the same village. 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 31st March 2024. The scanned copy of the compromise memo reads as follows: _____________ Page No. 2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19037 of 2024 _____________ Page No. 3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19037 of 2024 _____________ Page No. 4 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19037 of 2024 _____________ Page No. 5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19037 of 2024 4. The petitioners, namely, (1) Yesudhas [Aadhaar No.9536 4486 4880], (2) Altose [Aadhaar No.5469 4339 7780], and the second respondent/defacto complainant, namely, Saraswathi [Aadhaar No.6585 5903 1366] are present before this Court in person. The parties are identified by Mr.Selvaraj, Special Sub Inspector of Police, Nithiravillai Police Station. All the parties confirmed the compromise arrived at between them. 5. In view of the same and considering the nature of the offences and the relationship between the parties, this Court is of the view that no useful purpose would be served by keeping the impugned final report pending trial. Accordingly, the impugned final report in C.C.No.72 of 2021 on the file of the learned Judicial Magistrate No.II, Kuzhithurai, is quashed. The petitioners shall pay a sum of Rs.5,000/- as costs to the Mediation and Conciliation Centre attached to the Madurai Bench of Madras High Court forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry. _____________ Page No. 6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19037 of 2024 6. Hence, this Criminal Original Petition stands allowed. 15.10.2025 (2/3) JEN Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order Copy To: 1.The Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District. 2.The Inspector of Police, Nithiravilai Police Station, Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. _____________ Page No. 7 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19037 of 2024 SUNDER MOHAN , J. JEN Crl.O.P.(MD) No.19037 of 2024 15.10.2025 (2/3) _____________ Page No. 8 of 8 https://www.mhc.tn.gov.in/judis