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2026 Supreme(Online)(Mad) 20783

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Rajadurai – Appellant
Versus
The State of Tamil nadu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Sukumar
For the Respondents:Mr.Albert James, Government Advocate (Crl.Side), for R1, Ms.M.Rathi Yamuna, for R2

Table of Content
1. quashing charge petition based on compromise. (Para 2 , 3)
2. requirements for section 353 ipc to apply. (Para 4)
3. court decision to quash charges. (Para 5)

ORDER

This Criminal Original Petition has been filed by the accused persons to quash the P.R.C.No.159 of 2025 on the file of the learned Judicial Magistrate No.III, Thoothukudi.

2. Pending proceedings, the parties have entered into compromise on

19.02.2026, wherein the defacto complainant had agreed that he has no objection to quash the charge sheet as against the petitioners.

3.The defacto complainant as well as the accused persons are present before this Court and the defacto complainant had acknowledged the fact that he had agreed for quashing the charge sheet.

4.The learned counsel appearing for the petitioners brought to the notice of this Court that one of the allegation as against the accused persons is under Section 132 of BNS 2023, which is relatable Section 353 of IPC. He pointed out that the incident having taken place at the residence of the defacto complainant and on a public holiday. Hence, Section 353 IPC is not attracted. He has also relied on the decision of Kerala High Court in the case of Mohamm

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