Amaan @ R.Niyan v. The State Rep By Its, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4134 of 2025

1. Amaan @ R.Niyan 2.C. Santhosh 3.G.Dhanesh 4.Sudhakar 5.Nitthi raj @ N.Nithiya raj 6.S. Gunasekar 7.S.Mohanraj ... Petitioners Vs.

1. The State, represented by the Inspector of Police, D1, Triplicane Police Station, Chennai.

2. Naveen Kumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records relating to Cr.No.212 of 2024 on the file of the 1st respondent police and quash the same.

For Petitioner : Mr. S. Saranraj For Respondents : Mr.A.Gopinath, Govt. Advocate (crl.side) for R1 : Mr. Yukanth for R2

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Cr.No.212 of 2024 on the file of the 1st respondent police thereby taken cognizance for the offences under Sections 147, 294(b), 323, 324, 506(ii) IPC 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 dated 10.02.2025 has been filed before this Court, which has been signed by the petitioners and the 2nd respondent 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 and the same are made as part of the records. 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.212 of 2024 pending trial on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.212 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. Each of the petitioners shall pay a sum of Rs.2,000/-, (Rupees two 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.

G.K.ILANTHIRAIYAN, J.

msr 6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 18.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order msr To 1.The the Inspector of Police, D1, Triplicane Police Station, Chennai.

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

Crl.O.P.No. 4134 of 2025