BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.10.2025 CORAM THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P(MD). No.13291 of 2025 1. Christin Jone @ Christin John, 2. Sathiya Vel, ... Petitioners Vs.

1. The State of Tamilnadu, Rep., By the Inspector of Police,, Thiruvattar Police Station, Thiruvattar,Kanyakumari District.

(Crime No.19 1 of 2022).

2. Beula Bai, ... Respondents PRAYER :- This Petition is filed under Section 528 BNSS, to call for the records in relation to S.C.No.249 of 2023 on the file of the Learned Subordinate Judge, Padmanabhapuram, Kanyakumari District and subsequently quash the same.

For Petitioners : Mr.S.Palanivelayutham For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) for R1 : Mr.A.S.Selvin Abeesh for R2

ORDER

The petitioners sought for quashing of the impugned final report in S.C.No.249 of 2023 on the file of the Subordinate Judge, Padmanabhapuram, Kanyakumari District, for the offences under Sections 294(b), 323, 324, 447, 427, 307 and 506(i) I.P.C.

2. The gist of the allegation is that on account of prior enmity, the petitioners had attacked the defacto complainant and his mother, who had cited as witnesses, and also abused them in filthy language and thus, committed the aforesaid offences.

3. The learned counsel for the petitioners would submit that the dispute is private in nature; that though the respondent police have charged the petitioner for the offence under Section 307 I.P.C; that the injuries suffered by the defacto complainant and the victim is simple in nature, as opined by the Doctor, who examined the two persons; that the parties have now arrived at a compromise. He would further submit that the defacto complainant is no more and the victim, who is the mother of the defacto complainant, has signed the joint compromise memo and both the parties have agreed that the impugned final report may be quashed.

4. The learned Government Advocate (Criminal Side) confirmed that the defacto complainant is no more and the parties have entered into compromise.

5. The parties have also filed a joint compromise memo dated 7^th August 2025. The petitioners and the third respondent are present before this Court in person. They are identified by Ms.S.Kala, W.S.S.I., Thiruvattar Police Station. Both the parties confirmed the compromise arrived at between them.

6. Though the petitioners have been accused of the offence under Section 307 I.P.C., it is seen from the statement of the Doctor that both the defacto complainant and the victim actually sustained simple injury. Hence, in the facts this Court is of the view that the offence under Section 307 IPC is not made out.

7. Considering the above facts and since the parties have arrived at a compromise, 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 S.C.No.249 of 2023 on the file of the Subordinate Judge, Padmanabhapuram, Kanyakumari District, is hereby quashed and the Criminal Original Petition stands allowed. The joint compromise memo dated 07.08.2025 shall form part and parcel of the order. The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs to the High Court Legal Services Authority attached to this Bench forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

29.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes LS/ars To

1. The Subordinate Judge, Padmanabhapuram, Kanyakumari District

2.The Inspector of Police,, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Officer in-charge, High Court Legal Services Authority Madurai Bench of Madras High Court, Madurai.

SUNDER MOHAN,J.

LS/ars

29.10.2025