Crl.O.P.(MD)No.21332 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-10-2025 CORAM THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 21332 of 2023 and CRL MP(MD)NO. 16695 of 2023 1. P.Chitralakshmi 2. Vidhyabharathi ... Petitioners/Accused No.1 & 2 Vs. 1. The State represented by the Inspector of Police, Jaihindpuram Police Station, Madurai District. In Crime No.112 of 2023. 2. A.Senthilkumar, Head of Examination Department, Technical Education Sector, Chennai – 600 025. ...Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of Impugned Crime No.112 of 2023 on the file of first respondent police dated 25.02.2023 and quash the same. https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21332 of 2023 For Petitioners : Mr.T.Kanagaraj For Respondents : Mr.S.S.Manoj Government Advocate (Crl. side) O R D E R This Criminal Original Petition is filed to quash the First Information Report in Crime No. 112 of 2023 pending on the file of the first respondent police for the alleged offences under section 419 of IPC. 2. The case of the prosecution is that the petitioners are sisters. On 17.08.2019 when the government exam was held for the post of short hand Tamil Senior Grade at Government Polytechnic College for Women, Madurai to the 1st petitioner, as she was not feeling well, her sister / the 2nd petitioner wrote the exam on that day. It was found out by the Chief Supervisor of Examination Centre. On 22.08.2019 the 1st petitioner wrote a letter to the Supervisor by admitted her mistake stating that she was not well and her sister wrote the exam. The 2nd petitioner also wrote a letter to the Supervisor admitting her mistake that she wrote the exam instead of her sister / 1st petitioner. Based on the above the defacto complainant filed a complaint against the petitioners in the aforesaid FIR dated 25.02.2023. 3. The allegation against the petitioners is that the petitioners are sisters, the 1st petitioner fell ill and the 2nd petitioner had written the exam on behalf of https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21332 of 2023 the 1st petitioner thereby have impersonated her sister and written the examination. The contention of the petitioner is that the 2nd petitioner / sister of the 1st petitioner had written the exam since the 1st petitioner fell ill, further she wrote the exam with the permission of the Hall Examiner. However, when the squad entered the examination hall found the said impersonation and based on the complaint lodged by the Examination Board, Technical Education Department, Chennai, the FIR in Crime No.112 of 2023 was registered. 4. The contention of the petitioner is that the President of the Examination Committee had conducted enquiry disciplinary proceedings on 20.10.2020 and debarred from writing examination for the period of 2 years i.e. for 2020 and 2021 and also cancelled the exam which was written by the petitioners held n the year 2019. Hence the petitioners pray to quash the FIR since the petitioners have already undergone punishment. It is seen that the Examination Centre has already barred the petitioner from writing any further examinations for a period of two years from 2019 to 2021 and subsequently, the Head of the Examination Department, Technical Education Sector, Chennai, addressed a letter dated 19.04.2023 to the Director General of Police, Tamil Nadu, Mylapore, Chennai, wherein it has been stated as follows: “ghu;itapy; fhZk; fbjj;jpy; Mf];l; 2019 muR tzpftpay; Nju;T Ms;khwhl;lk; nra;J Nju;T vOjpaJ njhlu;ghf gp.rpj;uhyl;Rkp kPJ eltbf;if vLf;f Nfhup jq;fSf;F fbjk; mDg;gg;gl;lJ. ,g;nghUs; njhlu;ghf ,t;tYtyf fbj vz; 138727 / l;b3 / 2019> ehs; 20.10.2020 y; gp.rpj;uhyl;Rkp https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21332 of 2023 vd;gtUf;F me;j fhy fl;lj;jpy; (2020 k; Mz;by;) eilKiwapypUe;j xOq;FKiw eltbf;ifapd;gbAk; Board of Examinations Regulation d; gbAk; Nju;T vOjpa ghlj;jpw;fhd Nju;T KbT uj;J nra;ag;gl;likahYk; Nkw;gb egu; mLj;JtUk; gpg;utup 2021 tiu Nju;T vOj mDkjp kWf;fg;gl;lJ. vdNt Nkw;fz;l tifapy; Board of Examinations Regulation-d; gb jdpau; kPJ eltbf;if vLf;fg;gl;ljhy;> ghu;itapy; fhZk; ,t;tYtyf fbjj;jpy; njuptpf;fg;gl;ljd;gb jq;fs; Jiw %yk; eltbf;if vLf;f Njit ,y;iy vd njuptpf;fg;gLfpwJ. 5. In fact, the defacto complainant has requested that the proceedings may not be pursued further. However the respondent prosecution submitted that the disciplinary proceedings is different from the criminal proceedings and they are independent to each other and the criminal proceedings cannot be quashed. This Court is of the considered opinion that the punishment imposed in disciplinary proceedings cannot be a ground to quash the criminal proceedings, hence the said ground is rejected. 6. However the offence under Section 419 of IPC is a compoundable offence. Therefore, this Court is inclined to compound the offence by imposing a minimum fine of Rs.1,000/- each on the petitioners. On payment of the said fine, the offence is compounded. It is made clear that the order passed by this Court will not stand as an impediment in future with respect to the petitioners in matters of appointment in any Government or Private post. https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21332 of 2023 7. Accordingly, this Criminal Original Petition is allowed on the above terms. Consequently, connected miscellaneous petition is closed 24-10-2025 jbr To 1. The Inspector of Police, Jaihindpuram Police Station, Madurai District. In Crime No.112 of 2023. 2. A.Senthilkumar, Head of Examination Department, Technical Education Sector, Chennai – 600 025. https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21332 of 2023 S.SRIMATHY,J. jbr ORDER IN CRL OP(MD) No.21332 of 2023 Date : 24.10.2025 https://www.mhc.tn.gov.in/judis