Vishnu Prasad v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vishnu Prasad ....

Petitioner Vs

1. State Rep. By The Inspector of Police, R-9, All Women Police Station, Valasaravakkam, Chennai.

(Crime No.1 of 2023)

2. Priya ....

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in C.C.No.313 of 2023 on the file of Judicial Magistrate No.I, Poonamallee, Chennai in entirety.

For Petitioner : Mr.M.Mohamed Riyaz For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.313 of 2023 on the file of Judicial Magistrate No.I,

Poonamallee, Chennai, thereby taken cognizance for the offences under Sections 294(b), 417 and 506(i) of 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 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. 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 Section 528 of BNSS, 2023, quashes the proceedings in C.C.No.313 of 2023 on the file of Judicial Magistrate No.I, Poonamallee, Chennai.

5.

In view of the above, the proceedings in C.C.No.313 of 2023 on the file of Judicial Magistrate No.I, Poonamallee, Chennai, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five 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. 6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 19.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Judicial Magistrate No.I, Poonamallee, Chennai.

2.The Inspector of Police, R-9, All Women Police Station, Valasaravakkam, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp

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

19.02.2025