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2026 DAILYLAW 17469 (MAD)

Thameemansari @ Mohamed Ansari v. State Of Tamilnadu Rep By Inspector Of Police, Vilakkuthoon

CRL OP(MD)/6130/2026 · 2026-03-30

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl. O.P.(MD) No.6130 of 2026, BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD).No.6130 of 2026 1. Thameemansari @ Mohamed Ansari 2. Riyaskhan @ Sornam @ Riyas 3. Mohamad Umar @ Uthuman .. Petitioners - Vs. - 1. State of Tamilnadu Rep by, The Inspector of Police, Vilakkuthoon, Police Station, Madurai City. Crime No.94 of 2022. 2. Yasar Arabath .. Respondents Prayer : To call for the records pertaining to the charge sheet in S.C.No. 133 of 2024 for and alleged offence U/s.294(b),307,506(ii) of IPC on the file of the II-Additional Subordinate Court, Madurai and Quash the same as illegal against the petitioner.. For petitioner : Mr.M.Maran For R1 : Mr.A.Albert James Government Advocate(Crl. side) For R2 : Mr.K.Pragadeesh Ganapathy 1/4 https://www.mhc.tn.gov.in/judis Crl. O.P.(MD) No.6130 of 2026, ORDER The present criminal original petition has been filed by the petitioners/A1 to A3 in S.C.No.133 of 2024 on the file of the II- Additional Subordinate Judge, Madurai, seeking to quash the charge sheet wherein the petitioners have been charged for the offence under Sections 294(b), 307 and 506(ii) of IPC [corresponding offence under Sections 296(b), 109, 351(3) of BNS]. 2. Though the petitioners are charged with the offence under Section 307 IPC it would be seen from the charge sheet that there was simple injuries which had resulted in contusion. The defacto complainant has not been admitted in any hospital as inpatient and he has been treated as outpatient only. 3. In the said view of the matter, it is clear that the ingredients of Section 307 IPC are not made out, but only the ingredients of Section 326 IPC are made out. The Supreme Court in 2024 (2) SCC 78 has held 2/4 https://www.mhc.tn.gov.in/judis Crl. O.P.(MD) No.6130 of 2026, that in cases where the accused charged for the offence under Section 307 IPC, but only the offence under Section 326 IPC is made out, the parties may be permitted to enter into compromise. 4. Pending trial, the parties have entered into compromise and a Joint Compromise Memo has been filed, wherein the de-facto complainant agreed for quashing of the charge sheet. Today, the de-facto complainant is present in person and he also acknowledges the fact that he has agreed for quashing of the charge sheet. 5. In view of the above said facts, charge sheet in S.C.No.133 of 2024 on the file of the II-Additional District Judge, Sub Court, Madurai, is hereby quashed. Consequently, the criminal original petition is allowed. The Joint Compromise Memo filed by the parties shall be treated as part and parcel of this order. 30.03.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL 3/4 https://www.mhc.tn.gov.in/judis Crl. O.P.(MD) No.6130 of 2026, R.VIJAYAKUMAR , J. PJL To 1. The Inspector of Police, Vilakkuthoon, Police Station, Madurai City. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD).No.6130 of 2026 30.03.2026 4/4 https://www.mhc.tn.gov.in/judis