M.Radha v. The State Rep By, The Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 3587 of 2025 M.Radha ... Petitioner Vs.

1. State Rep. by The Assistant Commissioner of Police, P-2, Otteri Police Station, Pulianthope, Chennai.

2. State Rep. by The Inspector of Police, P-2, Otteri Police Station, Pulianthope, Chennai.

3. A.Deepak ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the proceedings of FIR in Crime No.695 of 2024 on the file of the second respondent police in its entirety.

For Petitioner : Mr.M.Mohamed Riyaz For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) For R3 : Mr.H.Tameem Ansari

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No. 695 of 2024 on the file of the second respondent, registered for the offences under Sections 296, 351 (2) of BNS, 2023, r/w. 67 of Information Technology Act 2000 and Section 3(1)(r) and 3(1)(s) of SC/St (Prevention of Atrocities) Act, 1989. 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 528 of BNSS, 2023, quashes the FIR in Crime No. 695 of 2024 pending trial on the file of the second respondent.

5.

In view of the above, the FIR in Crime No. 695 of 2024 on the file of the second respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. Accordingly, this Criminal Original Petition stands allowed. 12.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Assistant Commissioner of Police, P-2, Otteri Police Station, Pulianthope, Chennai.

2. The Inspector of Police, P-2, Otteri Police Station, Pulianthope, Chennai.

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

Crl.O.P.No.3587 of 2025 12.02.2025