Madras High Court
Sahaya Revin Alias Sahaya Rebin vs The State Of Tamil Nadu on 29 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.1758 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.1758 of 2025
and in Crl.M.P(MD) No.1198 of 2025
Sahaya Revin Alias Sahaya Rebin
... Petitioner
Vs
1. The State of Tamil Nadu,
Rep. by the Inspector of Police,
Suchindram Police Station,
Kanyakumari District.
(Cr. No. 631 of 2020).
2. Rajappan
... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, call for the entire records pertaining to the case in C.C. No. 800 of
2022 on the file of the learned Judicial Magistrate Court No.3, Nagercoil,
Kanyakumari District and quash the same
For Petitioner : M/s. B.Micheal Sebastin
For Respondent : Mr.K.Sanjai Gandhi (R1)
Government Advocate (Crl.Side)
M/s. S.Pragadeeswaran(R2)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1758 of 2025
ORDER
This Criminal Original Petition has been filed, invoking
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the
charge sheet in C.C.No.800 of 2022 on the file of the Judicial Magistrate
No.III, Nagercoil, Kanyakumari District.
2. The case of the prosecution is that on 11.07.2020, the
petitioner's son dashed against the vehicle of one Boopathi, due to which,
he died. Hence, the complaint has been lodged by the defacto
complainant, who is the son-in-law of the deceased.
3. The learned counsel appearing for the petitioner would
submit that the second respondent lodged a complaint before the first
respondent and an FIR has been registered in Crime No.631 of 2020.
After investigation, a final report has been filed and the same was taken
cognizance in C.C.No.800 of 2022 on the file of the Judicial Magistrate
No.III, Nagercoil, Kanyakumari District, for the offences under Section
304(A) IPC, against the petitioner.
https://www.mhc.tn.gov.in/judis
4. The case is under trial. By passage of time, the parties
have decided to bury their hatchet and compromised the dispute amicably
among themselves. Now, both parties are agreeing to withdraw the
complaint and is not willing to pursue the case.
5. A Joint Memo of Compromise dated 29.01.2025 is filed
before this Court signed by the petitioner and the second respondent and
their respective counsels. The petitioner and the second respondent are
present before this Court, identified by Mr.S.Ramanathan, Sub Inspector
of Police, Suchindram Police Station, Kanyakumari District, as well as
by the learned counsels appearing for the parties. This Court enquired
both the parties and satisfied that the parties have come to an amicable
settlement between themselves on their own voluntarily without any
compulsion.
6. In the instant case, the petitioner's son had committed
accident, in which, the defacto complainant's father-in-law died. Now,
the parties had compromised their dispute. When the parties have
https://www.mhc.tn.gov.in/judis
compromised the matter, the High Court has the power to quash the
complaint for the offence under Sections 294(b), 323 IPC.
7. The legal position expressed by the Hon'ble Apex Court
in the case of Gian Singh vs. State of Punjab and another reported in
(2012) 10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of
Gujarat) reported in (2017) 9 SCC 641 was taken into consideration.
8. In the light of the guidelines issued in the above said
judgments of the Hon'ble Apex Court, no useful purpose will be served
in keeping the proceedings in C.C.No.800 of 2022 as against the
petitioner pending before the Judicial Magistrate No.III, Nagercoil,
Kanyakumari District, even though the offences involved are not
compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed
and the proceedings in C.C.No.800 of 2022, on the file of the Judicial
Magistrate No.III, Nagercoil, Kanyakumari District, is quashed as against
the petitioner and the joint compromise memo shall form part and parcel
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of this order. Consequently, connected miscellaneous petition is closed.
29.01.2025
NCC : Yes / No
Index : Yes / No
PNM
To
1. The Judicial Magistrate No.III, Nagercoil, Kanyakumari
2.The the Inspector of Police,
Suchindram Police Station,
Kanyakumari District.
(Cr. No. 631 of 2020).
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
PNM
Order in
and in Crl.M.P(MD) No.1198 of 2025
29.01.2025
https://www.mhc.tn.gov.in/judis
