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Palanivelrajan v. The State of Tamil Nadu

Madras HC5 Feb 2025CRL OP(MD)/2260/2025

Case brief

AI extract

What is this about?

Short single-issue order allowing a quashing petition under Section 528 BNSS 2023 on account of an amicable settlement between close relatives; FIR in Crime No.7 of 2025 dated 07.01.2025 of Thiruppuvanam Police Station, Sivagangai District quashed; compromise memo dated 23.01.2025 recorded and made part of the order; no precedent cited; decided 05.02.2025 by P. Dhanabal J., Madurai Bench of Madras High Court. Search terms: quash FIR, compromise memo, settlement between relatives, Section 528 BNSS, Crl.OP(MD) 2260 of 2025.

What did the court decide?

Quashing of the First Information Report in Crime No.7 of 2025 dated 07.01.2025 on the file of the first respondent police, with the compromise memo dated 23.01.2025 filed by the parties forming part of the order. ¶35

Palanivelrajan Vs The State of Tamil Nadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the First Information Report in Crime No.7 of 2025 dated 07.01.2025 on the file of the 1st respondent police should be called for and quashed as illegal.

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Court's answer

Recording the compromise between the parties, the Criminal Original Petition is allowed and the First Information Report in Crime No.7 of 2025 dated 07.01.2025 on the file of the first respondent police is quashed; the compromise memo dated 23.01.2025 filed by the parties shall form part of the order.

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Ratio / Principle

Considering the nature of the offences, the relationship between the parties (who compromised as close relatives) and the compromise entered into, it was appropriate to allow the petition.

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Key takeaways

The Court perused the terms of the compromise memo before recording the compromise.ratio¶32

Detailed headnote1 paragraphs

Quashing of FIR - CRL.OP(MD) No.2260 of 2025 (Madurai Bench of Madras High Court, P. Dhanabal J., 05.02.2025): Criminal Original Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 by Accused Nos.1 to 5 (Palanivelrajan, Nagaraj, Muthulakshmi, Alexpandi, Pandiyammal) to call for the records of the FIR in Crime No.7 of 2025 dated 07.01.2025 on the file of the Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District and quash it. At the hearing, counsel on both sides represented an amicable settlement; the defacto-complainant and all accused were present, and the defacto-complainant stated the compromise was entered into as they are close relatives; a compromise memo dated 23.01.2025 signed by the parties was filed. The Court perused the terms of the memo and, considering the nature of the offences, the relationship between the parties and the compromise, held it appropriate to allow the petition. Recording the compromise, the petition was allowed and the FIR quashed, the compromise memo forming part of the order.

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CRL.OP(MD) NO.2260 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.02.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE P.DHANABAL

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CRL. O.P(MD) No.2260 of 2025

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1.Palanivelrajan

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2.Nagaraj

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3.Muthulakshmi

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4.Alexpandi

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5.Pandiyammal

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... Petitioner/Accused No.1 to 5

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vs.

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1.The Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District. (Cr.No. 7 of 2025)

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2.Muthuambalam 3.Logeshwaran.

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... Respondents

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PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the First Information Report in Crime No.7 of 2025 dated 07.01.2025 on the file of the 1^st respondent police and quash the same as illegal.

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https://www.mhc.tn.gov.in/judis ____________ Page No. 1 of 4_

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CRL.OP(MD) NO.2260 of 2025

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For petitioners : Mr.B.Chellachami For Respondents : Mr. M.Sakthi Kumar Government Advocate (Crl) for R1 Mr.R.Venkatesan for R2

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O R D E R

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This petition has been filed by the petitioners to call for the records

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pertaining to the First Information Report in Crime No.7 of 2025 dated 07.01.2025 on the file of the 1^st respondent police and quash the same.

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When the matter was taken up for hearing, the learned counsel on

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both sides represented that the matter has been amicably settled between the parties and they have entered into a compromise and the same was filed before this Court.

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The defacto-complainant and all the accused are present and the

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defacto-complainant represented that they entered into a compromise as they are close relatives. A compromise memo, dated 23.01.2025 signed by the parties, is also filed before this Court.

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https://www.mhc.tn.gov.in/judis

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Page No. 2 of 4

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CRL.OP(MD) NO.2260 of 2025

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This Court has perused the terms of the compromise memo.

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5.Considering the nature of the offences and the relationship

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between the parties and they have also entered into a compromise, it is appropriate to allow this petition.

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Recording the compromise, this petition is allowed and the First Information Report in Crime No.7 of 2025 dated 07.01.2025 on the file of the first respondent police is quashed. The compromise memo dated 23.01.2025 filed by the parties shall form part of this order.

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05.02.2025

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NCC : Yes/No Index : Yes / No Internet : Yes / No apd

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1.The Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

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https://www.mhc.tn.gov.in/judis

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