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2026 DAILYLAW 11845 (MAD)

RAJA (A1) v. State rep.by, Inspector of Police

CRL OP/5094/2026 · 2026-03-27

M Nirmal Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 5094 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 5094 of 2026 and Crl.M.P.No.3806 of 2026 1. Raja (A1) 2. Mandhiri (A2) 3. Ashok (A3) 4. Sekar (A4) 5. A.P.Kanna (A5) 6. Tamilselvi (A6) 7. Kanchana (A7) ..Petitioner(s) Vs 1. State rep.by, Inspector of Police, Bommidi Police Station, Dharmapuri District. (Crime No.186/2024) 2. Rajasekar ..Respondent(s) Prayer: This criminal original petition has been filed under Section 528 of BNSS to call for the records, quash all the proceedings in C.C.No.17 of 2025 on the file of the learned Judicial Magistrate, Pappireddipatti, Dharmapuri District. For Petitioner(s): Mr.B.Vasudevan For Respondent(s): Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor for R1 Mr.S.Sivakumar for R2 https://www.mhc.tn.gov.in/judis CRL OP No. 5094 of 2026 __________ Page2 of 8 ORDER The petitioners, who are the accused facing trial for the offences under Sections 126(2), 296(b), 191(2), 191(3), 115(2), 118(1), 351(3) and 324(4) of the Bharatiya Nyaya Sanhita, 2023 have filed this petition seeking to quash proceedings in C.C.No.17 of 2025 on the file of the learned Judicial Magistrate, Pappireddipatti, Dharmapuri District. 2. The case against the petitioners is that on 26.09.2024, when the petitioners herein were surveying their land with a surveyor at about 2.00 pm., they started to remove the thorny bushes in their fields, at that time they had caused damage to the fields of the de facto complainant, L.W.1. When they were questioned, the petitioners have used unparliamentary words and attempted to assault the de facto complainant. Following the same, the petitioners had further damaged the corn and flowers which had been cultivated by the de facto complainant and others. The petitioners have also damaged the PVC pipeline and threatened the de facto complainant with dire consequences. Hence, the complaint has been lodged and on conclusion of the investigation, the charge sheet has been filed listing 33 witnesses and documents. 3. The contention of the petitioners is that the petitioners are adjacent land owners and the entire issue revolves around the extent of land enjoyed by both the parties. The petitioners engaged a surveyor and while surveying their https://www.mhc.tn.gov.in/judis CRL OP No. 5094 of 2026 __________ Page3 of 8 portion of land, there occurred a wordy quarrel between the petitioners and the de facto complainant and hence the charge sheet has been filed against the petitioners. Further, there is a civil suit pending between the petitioner and the de facto complainant in O.S.No.09 of 2025 which was referred to lok adalat and now, the matter has been amicably settled between them and the de facto complainant had agreed to withdraw the case. 4. The learned additional Public Prosecutor, appearing for the first respondent Police submits that a civil suit is pending between the petitioner and the de facto complainant. Further, the petitioners by force trespassed into the land of the de facto complainant and caused damages not only to the standing crops but also to the pipeline and on conclusion of the investigation, charge sheet has been filed in this case. He further submitted that the petitioners and the de facto complainant are Pangalis and both having adjacent agricultural lands, since the lands were not with proper boundaries, a complaint with regard to encroachment given. Now, the issue resolved between the parties. 5. The petitioners and the de facto complainant/R2 appeared before this Court and they were identified by their respective counsel. Now that, the parties have compromised and filed a joint memo of compromise along with this petition. On being enquired by this Court, the de facto complainant stated that he has amicably settled the dispute with the petitioners and he is not willing to https://www.mhc.tn.gov.in/judis CRL OP No. 5094 of 2026 __________ Page4 of 8 pursue the criminal proceedings and therefore, seeks to quash the same. 6. The joint memo of compromise dated 21.02.2026 filed by the petitioners and the second respondent is scanned and extracted hereunder: https://www.mhc.tn.gov.in/judis CRL OP No. 5094 of 2026 __________ Page5 of 8 https://www.mhc.tn.gov.in/judis CRL OP No. 5094 of 2026 __________ Page6 of 8 https://www.mhc.tn.gov.in/judis CRL OP No. 5094 of 2026 __________ Page7 of 8 https://www.mhc.tn.gov.in/judis CRL OP No. 5094 of 2026 __________ Page8 of 8 M.NIRMAL KUMAR, J. rap 7. In view of the above joint memo of compromise, this Court is inclined to quash the Charge sheet on the file of the learned Judicial Magistrate, Pappireddipatti, Dharmapuri District and accordingly, this criminal original petition is allowed and the proceedings in C.C.No.17 of 2025 is hereby quashed. Consequently, connected miscellaneous petition stands closed. 27-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rap To 1. The Inspector of Police, Bommidi police station, Dharmapuri District. (Crime No.186/2024) 2. The Judicial Magistrate, Pappireddipatti, Dharmapuri District. 3. The Public Prosecutor, High Court, Madras. CRL OP No. 5094 of 2026 https://www.mhc.tn.gov.in/judis