Kandavarayanpatti Ps Vs Gopal — Madras HC (2025) — LawSathi Research

Kandavarayanpatti Ps Vs Gopal — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Proceedings in STC.40/2022 quashed under Section 482 Cr.P.C.; Suo Motu Transfer case closed. Trial Court directed to take note of the order, classify the case as allowed/dismissed/disposed of as appropriate, consider ancillary applications (such as disposal of properties), pass necessary orders, and dispatch copies of the order to all concerned.

Issue for consideration

Whether the pending criminal proceedings in STC.40/2022 (arising from Crime No.6 of 2022) should be quashed under Section 482 Cr.P.C. in view of the voluntary settlement between the complainant and the accused of a trivial dispute, applying the parameters laid down in Gian Singh and Laxmi Narayan.

Court's answer

The Court found the dispute trivial, the settlement between complainant and accused voluntary and free of threat or coercion (noting the complainant's demeanor), the accused free of previous antecedents, the prospect of conviction after full trial bleak, and continued trial wasteful of time and public money and productive of docket explosion; the case thus fell within the parameters of Gian Singh and Laxmi Narayan, justifying quashing under Section 482 Cr.P.C.

Ratio / Principle

STC.40/2022 on the file of the District Munsif cum Judicial Magistrate Court, Tiruppathur, Sivagangai is quashed and the Suo Motu Transfer case stands closed.

Key takeaways

The Court directed that the observations, discussions and decisions in this particular case cannot be quoted as precedent in future cases, the decision having been taken on the factual and legal basis specific to this suo motu matter.¶¶24

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), K.K. Ramakrishnan J., 10-10-2025, in Suo Motu TR(MD) No. 1200 of 2025 (arising out of STC.40/2022 on the file of the District Munsif cum Judicial Magistrate Court, Tiruppathur, Sivagangai; Crime No.6 of 2022, Kandavarayanpatti PS): Criminal proceedings for offences under Sections 147, 341, 294(b), 506(i) and 4(A)(1a) of the Indian Penal Code, 1860 read with the TN Open Places (Prevention of Disfigurement) Act, 1959 were quashed by the Dedicated Bench exercising power under Section 482 Cr.P.C. The complainant, the Inspector of Police and the accused appeared through video conference and recorded statements that they had bona fide settled their petty dispute, buried the hatchet and were living peacefully. Finding the settlement voluntary and uncoerced (noting the complainant's demeanor), the accused having no previous antecedents, and the chance of conviction even after full-fledged trial bleak — with further trial amounting to wastage of time and Government exchequer and docket explosion — the Court placed the matter within the parameters of Gian Singh Vs. State of Punjab, (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688, quashed the STC and closed the transfer case. The Court expressly declared that its observations in this matter cannot be quoted as precedent, being confined to the facts of this case, and directed the trial court to classify the disposed case, consider applications such as disposal of properties, and communicate copies to all concerned.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATE: 10-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

SUO MOTU TR(MD).No. 1200 of 2025

STC.40/2022

(On the file of the District Munsif cum Judicial Magistrate Court, Tiruppathur,

Sivagangai)

Kandavarayanpatti PS

Crime No.6 of 2022.

...Petitioner(s)

Vs

Gopal

...Respondent(s)

Upon perusing the documents and case records of the above STC.40/2022 on the file of the District Munsif cum Judicial Magistrate Court, Tiruppathur, Sivagangai for the offence under Sections 147,341,294(b),506(i) and 4(A)(1a) of INDIAN PENAL CODE, 1860 and TN OPEN PLACES(PREVENTION OF

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DISFIGUREMENT) ACT, 1959 transmitted to this Court and hearing the arguments of Mr.S.Ravi, the learned Additional Public Prosecutor assisted by Mr.M.Sakthikumar Government Advocate (Criminal Side) and hearing the concerned probation officer this Court passes the following

ORDER

This Suo Motu case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu W.P.(Crl).M.D.No.1014 of 2025.

Due to the petty dispute arose between them, the petitioner registered the

case in Crime No.6 of 2022 upon receipt of the complaint from the defacto complainant and completed the investigation and filed final report under Sections 147,341,294(b),506(i) and 4(A)(1a) of INDIAN PENAL CODE, 1860 and TN OPEN PLACES(PREVENTION OF DISFIGUREMENT) ACT, 1959 on the file of the learned District Munsif cum Judicial Magistrate Court, Tiruppathur, Sivagangai and the same was taken on file in STC.40/2022 and is pending. Both the complainant and the Inspector of Police and the accused were present before the learned Judicial Magistrate and appeared through video conference and this Court recorded the statement of the complainant and accused that they settled the issues and buried the hatchet dispute bonafidely and they are living peacefully and

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agreed to close the case. Considering that the dispute is trivial in nature and now both the complainant and accused have settled their dispute voluntarily without any threat or coercion, and also this Court on noting the demeanor of the complainant, finds no chance for coercion or threat and the accused has no previous antecedents and both are living peacefully and since the case comes within the parameters of law laid down by the Honourable Supreme Court in the cases of Gian Singh Vs. State of Punjab and Another reported in (2012) 10 SCC 303, State of Madhya Pradesh Vs. Laxmi Narayan and Others reported in (2019) 5 SCC 688 and other related judgments and the case is pending without trial and continuation of the trial by examining the witnesses would lead to wastage of time and wastage of Government exchequer and also lead to docket explosion without adjudication and the chance of conviction even after the full-fledged trial would also bleak, this Court is inclined to quash the proceedings by exercising power under Section 482 Cr.P.C.

The observations, discussions and decisions made in this particular case can not be quoted as precedent in the cases arising in future as the decision has been taken in this suomotu writ based on factual and legal basis of this particular case.

Accordingly, the STC.40/2022 on the file of the learned District Munsif cum Judicial Magistrate Court, Tiruppathur, Sivagangai is quashed and this

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10-10-2025

Suo Motu Transfer case stands closed.

Note to the Trial Court: This order is digitally signed and communicated electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

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