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2025 DAILYLAW 51146 (MAD)

Muruganandham v. The State Rep by, The Inspector of Police,

CRL OP/11966/2025 · 2025-04-25

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.11966 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.04.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11966 of 2025 1. Muruganandham 2. Sarath Kumar 3. Sakthivel 4. Vinayagar ... Petitioners Vs. 1. The State Rep by The Inspector of Police, Virudhachalam Police Station, Virudhachalam, Cuddalore District. Crime No.460 of 2024. 2. R.Sugundhan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records of the impugned charge sheet in S.C.No.42 of 2020 on the file of the learned III Additional and District Sessions Judge, Virudhachalam and quash the same. For Petitioner : Mr. A.Suresh Sakthi Murugan For Respondents For R1 : Mr.R.Vinothraja Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.11966 of 2025 O R D E R This Criminal Original Petition has been filed to quash the S.C.No.42 of 2020 on the file of the learned III Additional and District Sessions Judge, Virudhachalam, thereby taken cognizance for the offences under Sections 147, 448, 294(b), 353, 506(1) of IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act. 2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3. A Joint Compromise Memo has been filed before this Court, which has been signed by the petitioners and the defacto complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11966 of 2025 4. Under such circumstances, no useful purpose will be served in keeping the proceeding pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, quashes the proceeding in S.C.No.42 of 2020 pending trial on the file of the learned III Additional and District Sessions Judge, Virudhachalam. 5. In view of the above, the proceedings in S.C.No.42 of 2020 on the file of the learned III Additional and District Sessions Judge, Virudhachalam, is hereby quashed. The terms of Joint Compromise Memo shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.5,000/-, (Rupees five thousand only) jointly as costs, to the Chief Justice Relief Fund, Madras High Court, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11966 of 2025 6. Accordingly, the Criminal Original Petition stands allowed. 25.04.2025 (½) Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order rts https://www.mhc.tn.gov.in/judis Crl.O.P.No.11966 of 2025 To 1.The III Additional and District Sessions Judge, Virudhachalam. 2.The Inspector of Police, Virudhachalam Police Station, Virudhachalam, Cuddalore District. 3. The Public Prosecutor, Madras High Court, Chennai. Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11966 of 2025 G.K.ILANTHIRAIYAN, J. rts Crl.O.P.No.11966 of 2025 25.04.2025 (½) https://www.mhc.tn.gov.in/judis