K.Vinoth Kumar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN K.Vinoth Kumar ... Petitioner Vs

1. The State Rep By, The Inspector of Police, North Beach Police Station, Flower Bazar, Chennai.

(Crime No.73/2024)

2. Johnson Samuvel ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records of Crime No.73 of 2024 pending on the file of the first respondent herein compromise and quash the same. For Petitioner : Mr.R.Ramesh For R1 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed calling for the records relating to the FIR in Crime No.73 of 2024 on the file of first respondent and to quash the same.

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 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the FIR in Crime No.73 of 2024 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.73 of 2024 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 petitioner and the defacto complainant shall pay a sum of Rs.10,000/-, (Rupees Ten 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. With the above directions, this Criminal Original Petition stands allowed.

10.02.2025

Internet:Yes Index:Yes/No Speaking/Non speaking order mn To

1. The Inspector of Police, North Beach Police Station, Flower Bazar, Chennai.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn

10.02.2025