Chandrakumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3066 of 2024 and Crl.M.P.Nos.2214 and 2216 of 2024 1.Chandrakumar 2.Sivanathan 3.Suganthi 4.Subadra ... Petitioners Vs.

1.The State rep by Inspector of Police, All Women Police Station, Tambaram, Chennai 600 056.

(Crime No.17 of 2022) 2.Vandhana Priya ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for entire records in C.C.No.256 of 2023 on the file of the Judicial Magistrate I at Tambaram, Chennai and quash the same.

For Petitioners : Mr.L.Infant Dinesh For R1 : Mr.A.Gopinath,

Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.256 of 2023 on the file of the Judicial Magistrate I at Tambaram, Chennai.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioners and the defacto complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4.

Under such circumstances, no useful purpose will be served in keeping the proceeding pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceeding in C.C.No.256 of 2023 pending trial on the file of the Judicial Magistrate I at Tambaram, Chennai 5.

In view of the above, the proceedings in C.C.No.256 of 2023 on the file of the learned Judicial Magistrate I at Tambaram, Chennai, is hereby quashed as against the petitioners alone. The Trial Court is directed to proceed with the trial as against the other accused persons. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,000/-, (Rupees Two Thousand only) each as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 25.03.2025 : Yes/No Speaking/non-speaking order shk To 1.Judicial Magistrate I at Tambaram, Chennai 2.The Inspector of Police,

All Women Police Station, Tambaram, Chennai 600 056.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk

Crl.O.P.No.3066 of 2024 and Crl.M.P.Nos.2214 and 2216 of 2024 25.03.2025