BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 28.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

1. Sankara Narayanan,

2. Manoj Kumar, ... Petitioners

Vs.

1. State of Tamilnadu Rep by

Inspector of Police,

Alangulam Police Station,

Virudhunagar District. In Crime No.121/2025.

2. Santhi, ... Respondents

PRAYER :- This petition under section 528 BNSS, to call for the records pertaining to the impugned FIR in Crime No.121 of 2025 on the file of

the respondent police and quash the same.

For Petitioner : Mr.B.Jameelarasu,

For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) for R1

: Mr.J.Vishnu for R2

ORDER

The petitioners sought for quashing of the FIR registered for the alleged offences under Sections 288, 105 BNS, 2023 r/w. Sections 9(B), (1)(a) of the Indian Explosive Act, 1884.

2. The gist of the allegation is that the defacto complainant's son was working in the factory run by the petitioners and that an explosion took place in the factory causing burn injuries to the defacto complainant's son who succumbed to the injuries.

3. The learned counsel for the petitioners would submit that it is a case of an accident, which is sought to be projected, as an offence under Section 105 BNS (Corresponding to Section 304 (ii) IPC); and that the petitioners have valid license under the Indian Explosives Act.

4. The learned counsel for the petitioners would further submit that the parties have since entered into compromise and the defacto complainant does not wish to pursue the case. The parties have filed a joint compromise memo dated 21.11.2025.

5. The petitioners and the second respondent are present before this Court in person. They are identified by Mr.Nambi Rajan, Inspector of Police, Virudhunagar District. All the parties confirmed the compromise arrived at between them.

6. This Court is of the view that the offence under Section 105 BNS (Corresponding to Section 304 (ii) IPC) is not made out, as there is no allegation to suggest that the petitioners had knowledge or intention to cause the death of the deceased. They have valid licence, from 31st day of March 2024 to possess and to sell explosives. Considering the above facts and since a compromise has been arrived at between the parties, this Court is of the view that no useful purpose would be served by keeping the impugned FIR pending investigation. Accordingly, the impugned FIR is quashed and the Criminal Original Petition stands allowed. The joint compromise memo dated 21.11.2025, shall form part and parcel of the order. The petitioners shall jointly pay a cost of Rs. 10,000/- (Rupees Ten Thousand only) to the credit of the Mediation and Conciliation Centre attached to this Court and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

28.11.2025 Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order LS/ars To

1.The Inspector of Police, Alangulam Police Station, Virudhunagar District.

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

3.The Officer in-charge, Mediation and Conciliation Centre Madurai Bench of Madras High Court, Madurai.

SUNDER MOHAN,J LS/ars

28.11.2025