Balaji v. The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.8299 of 2024 1.

Balaji Selvi ... Petitioners/ A1 & A2 vs.

1.

The Assistant Commissioner of Police, Anna Nagar, Chennai.

The Inspector of Police, All Women Police Station, Anna Nagar, Chennai.

Crime No.2 of 2020 ..1st & 2nd respondent/Complainant Subasri ..3rd respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the CrPC, to call for the records and quash the proceedings concerned in Crime No.02 of 2020 on the file of the Inspector of Police, All Women Police Station, Anna Nagar, Chennai.

For petitioners :

Mr.Deva Arul Prakash For R1 :

Mr. A Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings concerned in Crime No.02 of 2020 on the file of the Inspector of Police, All Women Police Station, Anna Nagar, Chennai thereby taken cognizance for the offences under Sections 417, 376 of the IPC w/r 3(1)(r), 3(1)(w)(i) and 3(2)(v) of the SC/ST (POA) Act, 1989. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioners 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 and it is 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceeding in Crime No.02 of 2020 on the file of the Inspector of Police, All Women Police Station, Anna Nagar, Chennai 5.

In view of the above, the proceedings concerned in Crime No.02 of 2020 on the file of the Inspector of Police, All Women Police Station, Anna Nagar, Chennai, is hereby quashed as against the petitioners alone. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand 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.

G.K.ILANTHIRAIYAN, J.

Vca 6.

Accordingly, the Criminal Original Petition stands allowed. 24.02.2025 vca Index : Yes/No : Yes/No Speaking/non-speaking order To 1.

The Assistant Commissioner of Police, Anna Nagar, Chennai.

The Inspector of Police, All Women Police Station, Anna Nagar, Chennai.

Crime No.2 of 2020 The Public Prosecutor, High Court Madras.

Crl.O.P.No.8299 of 2024