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Madras High CourtCRL OP/3603/2025allowed

S.Vignesh Selvaraj v. The Inspector Of Police

2025-02-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.2368 of 2025 S.Vignesh Selvaraj ....

Petitioner Vs

1. The Inspector of Police, CCPS-North Zone (Cyber Crime), Greater Chennai, Vepery, Chennai.

2. L.Kavitha ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in respect of the impugned C.C.No.2074 of 2024 dated 07.10.2024 on the file of the XI Metropolitan Magistrate Court, Saidapet, Chennai and consequentially quash the same.

For Petitioner : Mr.J.Ramesh For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.A.Manikandan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.2074 of 2024 on the file of the XI Metropolitan Magistrate Court, Saidapet, Chennai, thereby taken cognizance for the offences under Sections 509 of IPC and 67 of IT Act.

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 petitioner and the defacto complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. 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 Section 528 of BNSS, 2023, quashes the proceedings in C.C.No.2074 of 2024 on the file of the XI Metropolitan Magistrate Court, Saidapet, Chennai 5.

In view of the above, the proceedings in C.C.No.2074 of 2024 on the file of the XI Metropolitan Magistrate Court, Saidapet, Chennai, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five Thousand only) 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 petition is closed. 12.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The XI Metropolitan Magistrate Court, Saidapet, Chennai

2. The Inspector of Police, CCPS-North Zone (Cyber Crime), Greater Chennai, Vepery, Chennai

3. The Public Prosecutor, Madras High Court, Chennai.

12.02.2025