Madras High Court
Kolappan vs The State Of Tamil Nadu Rep. By on 19 November, 2025
Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.11.2025
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025
Crl.O.P.(MD) No.20385 of 2025
Kolappan ... Petitioner
Vs.
1.The State of Tamil Nadu rep. by
The Inspector of Police,
Boothapandy Police Station,
Kanykumari District.
(Crime No.311 of 2021)
2.Prasath ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of
Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records pertaining
to the charge sheet in S.C.No.218 of 2023 on the file of the learned Chief
Judicial Magistrate, Nagercoil for the offences punishable under Sections
294(b), 307, 324 and 506(ii) of the Indian Penal Code, 1860
[corresponding to Sections 296(b), 109, 118(1) and 351(3) of the
Bharatiya Nyaya Sanhita, 2023] and quash the same.
For Petitioner : Mr.K.Suyambulingabharathi
_____________
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Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025
For R1 : Mr.K.Sanjai Gandhi
Government Advocate (Crl. Side)
For R2 : Mr.S.Ramasamy
Crl.O.P.(MD) No.20403 of 2025
Jeeva @ Balamurugan ... Petitioner
Vs.
1.The State of Tamil Nadu rep. by
The Inspector of Police,
Boothapandy Police Station,
Kanykumari District.
(Crime No.312 of 2021)
2.Kolappan ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of
Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records pertaining
to the charge sheet in J.C.No.23 of 2024 on the file of the Juvenile Justice
Board, Kanyakumari for the offences under Sections 323, 34, 294(b), 307
& 324 of the Indian Penal Code, 1860 [corresponding to Sections 115(2),
3(5), 296(b), 109 & 118(1) of the Bharatiya Nyaya Sanhita, 2023] and
quash the same.
For Petitioner : Mr.C.Venkatesh
For R1 : Mr.K.Sanjai Gandhi
Government Advocate (Crl. Side)
For R2 : Mr.K.Suyambulingabharathi
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Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025
Crl.O.P.(MD) No.20490 of 2025
1.Prasath
2.Karthick @ Karthikeyan
3.Murugan ... Petitioners
Vs.
1.The State of Tamil Nadu rep. by
The Inspector of Police,
Boothapandy Police Station,
Kanykumari District.
(Crime No.312 of 2021)
2.Kolappan ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of
Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records pertaining
to the charge sheet in S.C.No.303 of 2023 on the file of the learned Chief
Judicial Magistrate, Nagercoil, for the offences under Sections 323, 34,
294(b), 307 & 324 of the Indian Penal Code, 1860 [corresponding to
Sections 115(2), 3(5), 296(b), 109 & 118(1) of the Bharatiya Nyaya
Sanhita, 2023] and quash the same.
For Petitioner : Mr.S.Ramasamy
For R1 : Mr.K.Sanjai Gandhi
Government Advocate (Crl. Side)
For R2 : Mr.K.Suyambulingabharathi
*****
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Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025
COMMON ORDER
Crl.O.P. (MD) No.20385 of 2025 has been filed seeking to quash the final report in S.C.No.218 of 2023 on the file of the learned Chief Judicial Magistrate, Nagercoil, registered for the offences punishable under Sections 294(b), 307, 324 and 506(ii) of the Indian Penal Code, 1860 [corresponding to Sections 296(b), 109, 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023].
2. Crl.O.P. (MD) No.20403 of 2025 has been filed seeking to quash the final report in J.C.No.23 of 2024 on the file of the Juvenile Justice Board, Kanyakumari, registered for the offences under Sections 323, 34, 294(b), 307 & 324 of the Indian Penal Code, 1860 [corresponding to Sections 115(2), 3(5), 296(b), 109 & 118(1) of the Bharatiya Nyaya Sanhita, 2023].
3. Crl.O.P. (MD) No.20403 of 2025 has been filed seeking to quash the final report in S.C.No.303 of 2023 on the file of the learned Chief Judicial Magistrate, Nagercoil, registered for the offences under Sections 323, 34, 294(b), 307 & 324 of the Indian Penal Code, 1860 _____________ Page No. 4 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/12/2025 03:38:46 pm ) Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025 [corresponding to Sections 115(2), 3(5), 296(b), 109 & 118(1) of the Bharatiya Nyaya Sanhita, 2023].
4. The final reports have been filed pursuant to the investigation in two FIRs, namely Crime No.311 of 2021 and Crime No.312 of 2021. Admittedly, the petitioner in Crl.O.P. (MD) No.20403 of 2025 was a minor at the time of the occurrence, and therefore, the final report, insofar as this petitioner is concerned, was filed before the Juvenile Justice Board. He has now attained majority.
5. The gist of the allegations in the final reports is that, on account of a prior dispute with regard to ownership of an agricultural land, the petitioners in both the petitions abused each other in filthy language and attacked each other with hands and aruval, besides committing the offence of criminal intimidation, and thus committed the aforesaid offences.
6. Admittedly, the parties belong to the same village and are known to each other. The parties have now entered into a compromise and _____________ Page No. 5 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/12/2025 03:38:46 pm ) Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025 decided to give a quietus to the entire dispute. The parties have filed joint compromise memos dated 4th November, 2025, 7th November, 2025 and 7th November, 2025 respectively.
7. The petitioner in Crl.O.P.(MD) No.20385 of 2025, who is the second respondent/defacto complainant in Crl.O.P.(MD) Nos.20403 and 20490 of 2025, namely, Kolappan [Aadhaar No.9591 0971 9228], the petitioner in Crl.O.P.(MD) No.20403 of 2025, namely, Jeeva @ Balamurugan [Aadhaar No.8305 3082 7677], the first petitioner in Crl.O.P.(MD) No.20490 of 2025, who is the second respondent/defacto complainant in Crl.O.P.(MD) No.20385 of 2025, namely, Prasath [Aadhaar No.3752 6750 3706], and other petitioners in Crl.O.P.(MD) No. 20490 of 2025 namely, Karthick @ Karthikeyan [Aadhaar No.3908 3663 7441] and Murugan [Aadhaar No.8571 4891 4928] are present before this Court in person. The parties are identified by Mr.R.Radha Krishnan, Special Sub-Inspector of Police, Boothapandy Police Station. The defacto complainant in both cases confirmed the compromise arrived at between them and stated that they do not wish to pursue the respective cases. _____________ Page No. 6 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/12/2025 03:38:46 pm ) Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025
8. It is seen that, though the petitioner in Crl.O.P. (MD) No.20385 of 2025 has been accused of the offence under Section 307 of the Indian Penal Code, 1860, the doctor who treated the second respondent/defacto complainant in the said petition did not issue any wound certificate regarding the nature of the injuries sustained by the second respondent/defacto complainant, since he had himself left the hospital on 09.07.2021. It is further seen that the second respondent/defacto complainant had sustained only minor injuries on the head and hand. Therefore, this Court is of the view that the offence under Section 307 of the Indian Penal Code, 1860, is not made out.
9. In view of the above and considering the nature of the offences, this Court is of the view that no useful purpose would be served by keeping the impugned final reports pending trial. Accordingly, all the three impugned final reports are quashed. The petitioner in Crl.O.P. (MD) No.20385 of 2025 shall pay a sum of Rs. 10,000/- (Rupees Ten Thousand only); the petitioner in Crl.O.P. (MD) No.20403 of 2025 shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only); and the petitioners in Crl.O.P. (MD) No.20490 of 2025 shall jointly pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Siddha Unit attached to this Court _____________ Page No. 7 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/12/2025 03:38:46 pm ) Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025 (A/c No. 10767823177, IFSC Code: SBIN0000898 & MICR Code:
625002601) forthwith, and shall file a photocopy of the receipt along with a memo reporting compliance in the Registry. The compromise memos filed by the parties shall form part and parcel of this order.
10. Hence, these Criminal Original Petitions stand allowed.
19.11.2025 JEN Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order Copy To:
1.The Chief Judicial Magistrate, Nagercoil.
2.The Presiding Magistrate, Juvenile Justice Board, Kanyakumari.
3.The Inspector of Police, Boothapandy Police Station, Kanykumari District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
_____________ Page No. 8 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/12/2025 03:38:46 pm ) Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025 SUNDER MOHAN, J.
JEN Crl.O.P.(MD) Nos.20385, 20403 & 20490 of 2025 19.11.2025 _____________ Page No. 9 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/12/2025 03:38:46 pm )