Ansar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Ansar

2. Sikander Basha @ Mannadi Sikandhar Basha

3. Bazeer Mohammed @ Bazeer

4. Photo Arif @ Mohammed Arif

5. Syed Rafi Basha @ Gold Rafi ....

Petitioners Vs

1. The Inspector of Police, S-3, Korukkupet Police Station, Washerment Pet, Chennai.

(Crime No 44 of 2014)

2. Balaji ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records of FIR in Crime No.44 of 2014 pending on the file of respondent police and quash the same as against the petitioners.

For Petitioners : Mr.G.Mohan For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) For R2 : Mr.K.J.Shiva Arudhra

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.44 of 2014 on the file of the first respondent, registered for the offences under Sections 147, 148, 341, 294(b), 324, 307, 506(2) and 3(1) of the Public Property Prevent of Damage & Loss Act 1992. 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 First Information Report 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 BNS, 2023, quashes the FIR in Crime No.44 of 2014 pending on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.44 of 2014 on the file of the first respondent, is hereby quashed. 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. 14.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Inspector of Police, S-3, Korukkupet Police Station, Washerment Pet, Chennai.

(Crime No 44 of 2014)

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

Crl.O.P.No. 3940 of 2025 14.02.2025