S.Godwin Durai Singh v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Godwin Durai Singh D. Tamilselvi ....

Petitioners Vs

1. The State Rep. by The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Anna Nagar, Chennai.

Crime No.4 of 2019.

2. G. Divya ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the record in Crime No.4 of 2019 on the file of the Inspector of Police, W-8, All women Police Station, Thirumangalam, Anna Nagar, Chennai and compromise quash the same.

For Petitioners : Mr.V.Johnson Yuvaraj For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.J.Jerry Adharsh

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.4 of 2019 on the file of the first respondent, registered for the offences under Sections 498A, 354(A), 354(B) 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 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. 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 BNS, 2023, quashes the FIR in Crime No.04 of 2019 pending on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.4 of 2019 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. The petitioners shall pay a sum of Rs.2,500/-, (Rupees Two Thousand Five Hundred only) each 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 To

1. The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Anna Nagar, Chennai.

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

G.K.ILANTHIRAIYAN, J.

Lpp

19.02.2025