Thangarasu v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3783 of 2025 Thangarasu ....

Petitioner Vs The State rep by its, The Inspector of Police, Vikravandi Taluk, Villupuram District.

Crime No. 155 of 2010.

2. Rajeswari ....

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records of C.C. No.5 of 2020 on the file of District Munsif cum Judicial Magistrate Court at Vikaravandi and quash the same.

For Petitioner : Mr.K.Myilsamy For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C. No.5 of 2020 on the file of District Munsif cum

Judicial Magistrate Court, Vikaravandi, thereby taken cognizance for the offences under Sections 294(b), 448, 506(i) of IPC 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. 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 528 of BNSS, 2023, quashes the proceedings in C.C.No.5 of 2020 on the file of District Munsif cum Judicial Magistrate Court, Vikaravandi.

5.

In view of the above, the proceedings in C.C. No.5 of 2020 on the file of District Munsif cum Judicial Magistrate Court, Vikaravandi, 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/- each, (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. 17.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The District Munsif cum Judicial Magistrate Court, Vikaravandi

2. The Inspector of Police, Vikravandi Taluk, Villupuram District.

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

G.K.ILANTHIRAIYAN, J.

Lpp 17.02.2025