Kannappan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Kannappan 2.Umayal 3.Ramanathan 4.Aishwerya ... Petitioners Vs.

1.The Inspector of Police, W.28, All Women Police Station Ambattur, Chennai 600 053.

crime No.29 of 2023 2.Manicka Pavai ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the FIR in crime No.29 of 2023 pending investigation on the file of the first respondent for the alleged offences under sections 498(A), 406 IPC and 4 of Dowry Prohibition Act and quash the same. For Petitioners : Mr.M.Infant Subash For Respondents For R1 : Mr.A.Gopinath, Government Advocate (Crl.Side) For R2 : Mr.B.Kumarasamy

O R D E R

This Criminal Original Petition has been filed to quash the FIR in crime No.29 of 2023 on the file of the first respondent, registered for the offences under Sections 498(A), 406 of IPC and 4 of Dowry Prohibition Act against the petitioners.

2.

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

A Joint Compromise Memo has been filed before this Court, which has been signed by the petitioners and the defacto complainant/second 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 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.29 of 2023 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.29 of 2023 on the file of the first respondent, is hereby quashed. The terms of Joint Compromise Memo shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.1,500/-, (Rupees One Thousand and Five Hundred only) as costs, to the Chief Justice Relief Fund, Madras High Court, 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. 11.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To

1. The Inspector of Police, W.28, All Women Police Station Ambattur, Chennai 600 053

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

G.K.ILANTHIRAIYAN, J.

lok 11.03.2025