Jaiganesh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Jaiganesh

2. Vetrivel

3. Nithesh Kumar ....

Petitioners Vs

1. State Rep by Inspector of Police, J-1 Saidapet Police Station, Chennai-600 015.

2. Mohammed Riyas ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.14 of 2025 on the file of the respondent police and quash the same.

For Petitioner : Mr.J.William Shakesphere For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No. 14 of 2025 on the file of the first respondent, registered for the offences under Sections 296(b), 115(2), 118(1), 351(3) of BNS.

2.

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

An affidavit has been filed by the second respondent before this Court, which has been signed by the defacto complainant and also by his 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 BNSS, 2023, quashes the FIR in Crime No. 14 of 2025 pending on the file of the first respondent.

5.

In view of the above, the FIR in Crime No. 14 of 2025 on the file of the first respondent, is hereby quashed. The affidavit filed by the second respondent shall form part and parcel of this Order. The petitioners 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, this Criminal Original Petition stands allowed. 12.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Inspector of Police, J-1 Saidapet Police Station, Chennai-600 015.

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

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.3662 of 2025 12.02.2025