Madras High Court
Chakkammathurai Alias Thurai vs The State Of Tamil Nadu on 18 March, 2025
CRL.OP(MD) NO.3307 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
CRL. O.P(MD) No.3307 of 2025
and Crl.M.P(MD) No.2271 of 2025
Chakkammathurai Alias Thurai
... Petitioner
Vs
1. The State of Tamil Nadu,,
Rep. by the Inspector of Police,
Puliyankudi Police Station,
Tirunelveli. (Crime No. 323 of 2010).
2. Kottairaj
... Respondents
PRAYER: Criminal Original Petition filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the entire
records pertaining to the proceedings in C.C. NO. 74 of 2023 on the file of
the learned District Munsif cum Judicial Magistrate Sivagiri tenkasi and
quash the same as far as the petitioner is concerned.
For petitioner :Mr.R.L.Dilipan Pandian
For R1 : Mr. M.Vaikkam Karunanithi
Government Advocate (Crl side)
For R2 : Mr.K.Sankar
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CRL.OP(MD) NO.3307 of 2025
ORDER
This petition has been filed by the petitioner to quash the
proceedings in C.C. NO. 74 of 2023, on the file of the learned District
Munsif cum Judicial Magistrate, Sivagiri, Tenkasi District as against the
petitioner.
2.The learned counsel for the petitioner would submit that
based on the complaint given by the 2nd respondent, a case has been
registered by the 1st respondent in Cr.No.323 of 2010. After completion
of investigation, final report was filed before the District Munsif cum
Judicial Magistrate Court, Sivagiri and the same was taken cognizance as
CC No.199 of 2018. Due to the absence of the petitioner, who is arrayed
as A4, the case was split up as against the petitioner in CC No.74 of 2023.
Thereafter, the mother case in CC No.199 of 2018 has ended in acquittal,
after trial. The case against the petitioner in CC No.74 of 2023 is pending.
Now, the second respondent also filed an affidavit saying that he has no
objection to quash the proceedings against the petitioner. Even as per
FIR, there are no allegations as against the petitioner and no material to
proceed the case against the petitioner. Hence this petition has been filed
to quash the proceedings.
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CRL.OP(MD) NO.3307 of 2025
3.The learned Government Advocate (Crl.Side) appearing for
the respondent police would submit that based on the complaint given by
the second respondent, a case has been registered in Cr.No.323 of 2010.
Thereafter, charge sheet was filed and the same was taken on file in CC
No. 199 of 2018. Due to non-appearance of the petitioner, the case
against the petitioner was split up and the mother case was ended in
acquittal, vide Judgment, dated 17.03.2023. Since the case against the
petitioner was split up from the mother case and now the petitioner is
facing trial. However, the defacto complainant/2nd respondent himself had
appeared before this Court and stated that he has no objection to quash the
proceedings and also filed an affidavit to that effect. Therefore, this Court
may pass appropriate orders.
4.This Court heard the learned counsel appearing on either
side and perused the materials.
5.This petition has been filed to quash the proceedings in CC
No. 74 of 2023 pending on the file of District Munsif cum Judicial
Magistrate Court, Sivagiri.
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CRL.OP(MD) NO.3307 of 2025
6.In the earlier hearing on 07.03.2025, the second respondent
appeared before this Court and stated that he has no objection to quash the
proceedings. To that effect, today, the second respondent also filed an
affidavit before this Court.
7.Already the mother case in CC 199 of 2018 has ended in
acquittal and now the second respondent also has no objection to quash
the proceedings. Even as per the records, there are no specific allegations
against the petitioner. Since the mother case has ended in acquittal and the
second respondent has no objection to quash the proceedings as against
the petitioner and conduct of trial is only a futile exercise and if any trial
is conducted, the same is only an empty formality.
8.In view of the same, this Court is inclined to allow the
petition, by recording the affidavit of the defacto complainant/2nd
respondent. Accordingly, this petition is allowed and the pending
proceedings in CC No.74 of 2023 on the file of District Munsif cum
Judicial Magistrate Court, Sivagiri is quashed as against the petitioner is
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CRL.OP(MD) NO.3307 of 2025
concerned. Consequently, connected miscellaneous petition is closed.
18.03.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
PNM
To
1.The District Munsif cum Judicial Magistrate Court, Sivagiri
2.The Inspector of Police,
Puliyankudi Police Station,
Tirunelveli.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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CRL.OP(MD) NO.3307 of 2025
P.DHANABAL,J
PNM
ORDER IN
and Crl.M.P(MD) No.2271 of 2025
18.03.2025
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