Karthik v. The State Rep By, 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. 4410 of 2025

1. Karthik

2. Siva

3. Om Sakthibalan @ Bala

4. Srithar ... Petitioners Vs.

1. The State represented by Inspector of police, North Police Station, Tiruppur.

2. A.K.Shanmugam ... Respondents PRAYER: Criminal Original Petition is filed under Section528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records and to quash the Charge Sheet in C.C.No.65 of 2016 on the file of the learned Judicial Magistrate No.1, Tiruppur.

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

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.65 of 2016 on the file of the Judicial Magistrate No.1, Tiruppur thereby taken cognizance for the offences under Sections 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 respondents 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 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 C.C.No.65 of 2016 pending trial on the file of the Judicial Magistrate I, Tiruppur.

5.In view of the above, the proceedings in C.C.No.65 of 2016 on the file of the Judicial Magistrate I, Tiruppur, is hereby quashed as against the petitioners. The Trial Court is directed to proceed with the trial as against the other accused persons. The terms of Joint Memo of Compromise dated 10.02.2025 shall form part and parcel of this Order. Each of the petitioner shall pay a sum of Rs.2000/- (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 Judicial Magistrate No.1, Tiruppur 2.The Inspector of police, North Police Station, Tiruppur.

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

Crl.O.P.No. 4410 of 2025