##PAGE1##

2026:MHC:209

Crl.O.P.(MD) No.22870 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 19.12.2025

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD) No.22870 of 2025

1.Subburaj

2.Vijay

3.Balamurugan ... Petitioners

Vs.

1.The State of Tamil Nadu rep. by

The Inspector of Police,

Sivakasi Town Police Station,

Virudhunagar District.

(Crime No.417 of 2025)

2.Pandeeswaran ... Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharathiya

Nagarik Suraksha Sanhita, 2023 to call for the records pertaining to the

case in P.R.C.No.31 of 2025 on the file of the learned Judicial Magistrate

No.I, Sivakasi, Virudhunagar District and quash the same as illegal.

For Petitioners : Mr.S.Maya Perumal

For R1 : Mr.B.Thanga Aravindh

Government Advocate (Crl. Side)

For R2 : Mr.S.Babu

_____________

Page No. 1 of 9

https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 03:28:09 pm )

Crl.O.P.(MD) No.22870 of 2025

O R D E R

This Criminal Original Petition has been filed under Section 482 of

the Code of Criminal Procedure, 1973 (hereinafter referred to as

“Cr.P.C.”) / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023

(hereinafter referred to as “BNSS”), seeking to quash the charge sheet in

P.R.C.No.31 of 2025 pending on the file of the learned Judicial

Magistrate No. I, Sivakasi, Virudhunagar District, insofar as the

petitioners are concerned.

2. The brief facts of the case are as follows:

(i) All the petitioners are relatives and friends. The first petitioner is

running a cracker shop in the name and style of “TKKA Crackers”,

situated at Sivakasi, Virudhunagar District. The second respondent/de-

facto complainant purchased crackers worth Rs.60,000/- from the first

petitioner on credit. Despite repeated demands made by the first petitioner

for payment of the said amount, the second respondent/de-facto

complainant failed to pay the same.

(ii) It is further alleged that on 04.07.2025 at about 13.15 hours,

when the second respondent/de-facto complainant was proceeding from

_____________

Page No. 2 of 9

https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 03:28:09 pm )

Crl.O.P.(MD) No.22870 of 2025

his house at Vempakkottai towards Sivakasi Road, near a petrol bunk, the

petitioners came in a car bearing Registration No.TN-67-AV-4565 and

kidnapped the second respondent/de-facto complainant. It is alleged that

thereafter the petitioners assaulted and threatened the second

respondent/de-facto complainant with dire consequences for non-payment

of the said amount.

(iii) The second respondent/de-facto complainant is stated to have

escaped from the petitioners and thereafter lodged a complaint. On the

basis of the same, the first respondent police registered a case in Crime

No.417 of 2025 for the offences under Sections 127, 140, 296(b), 115(2)

and 118(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to

as “BNS”). After completion of the investigation, the first respondent

police filed the impugned charge sheet in P.R.C.No.31 of 2025, pending

on the file of the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar

District, for the very same offences.

3. Admittedly, the petitioners and the second respondent/de-facto

complainant are known to each other, residing in the same locality, being

relatives and friends, and they have now resolved the dispute amicably. A

_____________

Page No. 3 of 9

https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 03:28:09 pm )

Crl.O.P.(MD) No.22870 of 2025

Joint Compromise Memo dated 12.12.2025 has been filed before this

Court.

4. The petitioners and the second respondent/de-facto complainant

are present before this Court in person and are identified by

Mr.S.Gopalsamy, SSI, Sivakasi Town Police Station, Virudhunagar. The

second respondent/de-facto complainant has categorically stated that he

does not wish to pursue the case against the petitioners. This Court is

satisfied that the compromise is voluntary and not the result of any

coercion or undue influence.

5. The law relating to quashment of c