V.Prabakaran v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6486 of 2025 V.Prabakaran ... Petitioner Vs.

1.Inspector of Police All Women Police Station, Kottakuppam, Villupuram District 2.K.Ashwini 3.Sumathi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C.,/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for records relating to the impugned charge sheet in C.C.No.94/2021 pending on the file of the District Munsif Cum Judicial Magistrate Court, Vanur, Villupuram District and quash the same in view of the joint compromise entered between the petitioner and the respondent 2 and 3. For Petitioner : M/s.Achari and Antoni Associates 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 C.C.No.94 of 2021 on the file of the District Munsif Cum Judicial Magistrate Court, Vanur, Villupuram District, thereby taken cognizance for the offences under Section 498 (A) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 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, the second and third respondents 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 proceeding in C.C.No.94 of 2021 pending trial on the file of the District Munsif Cum Judicial Magistrate Court, Vanur, Villupuram District. 5.

In view of the above, the proceedings in C.C.No.94 of 2021 pending trial on the file of the District Munsif cum Judicial Magistrate Court, Vanur, Villupuram District, is hereby quashed as against the petitioner. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand only) as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith 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. 07.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The District Munsif Cum Judicial Magistrate Court, Vanur, Villupuram District.

2.The Inspector Of Police All Women Police Station, Kottakuppam, Villupuram District

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

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.6486 of 2025 07.03.2025 Crl.O.P.No.6486 of 2025

G.K.ILANTHIRAIYAN, J.

Today the matter is listed under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner has brought to the notice of this Court that some typographical error has crept in, in Paragraph No. 5 of the order dated 07.03.2025 passed in Crl.O.P.No.6486 of 2025.

3. Accepting the submissions of the learned counsel for the petitioner, Paragraph No.5 of the order dated 07.03.2025 passed in Crl.O.P.No.6486 of 2025 shall be read as follows : "5.

In view of the above, the proceedings in C.C.No.94 of 2021 pending trial on the file of the District Munsif cum Judicial Magistrate Court, Vanur, Villupuram District, is hereby quashed as against all the accused persons. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand only) as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

G.K.ILANTHIRAIYAN, J.

Lpp

4. Registry is directed to carry out the necessary correction in the order dated 07.03.2025 passed in Crl.O.P.No.6486 of 2025 and issue a fresh order copy.

09.06.2025 Lpp Crl.O.P.No.6486 of 2025