✦ Madras High Court

2025(C.C.No.569 of 2022 on the file of the Judicial Magistrate, Eraniel, Eraniel & Ors. v. State of Punjab and Another reported in (2012) 10 SCC 303 & Ors.

K K RAMAKRISHNAN3 min read

Case at a glance

Bench
K K RAMAKRISHNAN

Provisions considered

Key paragraphs

  • Para 55.Accordingly, the C.C.No.377 of 2022 on the file of the Judicial Magistrate Court, Eraniel, Eraniel Taluk, Kanniyakumari is quashed and this Suo Motu Transfer case stands closed. 19.09.2025trpNote to the Trial Court: This order is digitally signed and communicated electronically alone. The Trial Court shall…

Judgment

Suo Motu TR.(MD).No.13730 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 19.09.2025 CORAMTHE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNANSuo Motu TR.(MD).No.13730 of 2025(C.C.No.569 of 2022 on the file of the Judicial Magistrate, Eraniel, Eraniel Taluk, Kanniyakumari)The Sub Inspector of Police, Cholachal Police Station. ... Petitioner Vs.

1.

Maria Jorlin Anto2. Abinesh3. Kishor Kanna RespondentsUpon perusing the documents and case records of the above C.C.No.569 of 2022 transmitted to this Court and hearing the arguments of Mr.S.Ravi, learned Additional Public Prosecutor, on behalf of the State, this Court passes the following:ORDERPrelude: "This dedicated bench is for implementing the pilot project to identify and dispose of criminal cases involving offences punishable with 1/6 https://www.mhc.tn.gov.in/judis Suo Motu TR.(MD).No.13730 of 2025imprisonment up to 3 years pending at trial, appeal or revision stage for more than 3 years and also offences like Section 506(ii) of IPC and others, which may carry a punishment of more than 3 years in the State of Tamil Nadu with reference to the 14 Districts coming under the Madurai Bench of Madras High Court".

2.

This Dedicated Bench has taken the C.C.No.569 of 2022 on the file of the Judicial Magistrate Court, Eraniel, Eraniel Taluk, Kanniyakumari Suo motu Special Tr.Case. (MD) No.13730 of 2025 in Suo Motu W.P.(Crl.).(MD).No.1014 of 2025, upon proper scrutinity this Court feels that it is a fit case for warranting the exercise of power under Article 226 of Constitution of India to quash the said C.C., which is pending for more than three years without any progress.

3.

Brief facts of the prosecution case in C.C.No.569 of 2022:On 01.07.2021, at about 2.00 hours, the accused are said to have abused the defacto complainant and also criminally intimidated them. Therefore, a case was registered in Crime No.565 of 2021 for the offences punishable under Sections 294(b), 352 and 506(i) of IPC and Section 4 of TNPHW Act, 2002 and on investigation, final report was filed and the 2/6 https://www.mhc.tn.gov.in/judis Suo Motu TR.(MD).No.13730 of 2025same was taken on file in C.C.No.569 of 2022 and the same is pending without trial for more than three years.

4.

Discussion:4.1.Both the complainant and the Inspector of Police appeared through video conference and the complainant submitted that he has settled the issues with the accused and both are living peacefully and agreed to close the case. He also stated that he is consenting for compromise without any coercion and this Court on noting the demeanor of the complainant, finds that there is no chance for coercion or threat.4.2.Mr.S.Ravi, the learned Additional Public Prosecutor also submitted that the accused has no previous antecedents.4.3.Due to the petty dispute between them, the complainant made a complaint and final report was filed and the same was taken on file in C.C.No.569 of 2022 and pending for more than 3 years. Both parties buried the hatchet without being influenced and filed the compromise memo. Considering that the dispute is trivial in nature and now both the complainant and accused have settled their dispute voluntarily without any 3/6 https://www.mhc.tn.gov.in/judis Suo Motu TR.(MD).No.13730 of 2025threat or coercion, and 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 for more than three years 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 also is bleak, this Court is inclined to quash the proceedings by exercising power under Section 482 Cr.P.C.

5.

Accordingly, the C.C.No.377 of 2022 on the file of the Judicial Magistrate Court, Eraniel, Eraniel Taluk, Kanniyakumari is quashed and this Suo Motu Transfer case stands closed. 19.09.2025trpNote 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 4/6 https://www.mhc.tn.gov.in/judis Suo Motu TR.(MD).No.13730 of 2025disposal 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. 5/6 https://www.mhc.tn.gov.in/judis Suo Motu TR.(MD).No.13730 of 2025K.K.RAMAKRISHNAN ,J. trpOrder made in Suo Motu TR.(MD).No.13730 of 202519.09.20256/6

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