Anbu v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4181 of 2025 1.Anbu 2.Peiparthiban @ Surekha 3.Rithika 4.Salma 5.Sura @ Suresh 6.Naga @ Nandhini ... Petitioners Vs.

1.The State Rep by The Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu, Chennai -94.

(Crime No.668 of 2020) 2.Valli ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in C.C. No.1038 of 2021 on the file of the XVII Metropolitan Magistrate, Saidapet and quash the same as compromised.

For Petitioners : Mr.K.Thenrajan For Respondents For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the C.C. No.1038 of 2021 on the file of the XVII Metropolitan Magistrate, Saidapet, thereby taken cognizance for the offences under Sections 294(b), 324 and 506(2) 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. 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 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 Section 528 of BNSS, 2023, quashes the proceeding in C.C. No.1038 of 2021 pending trial on the file of the XVII Metropolitan Magistrate, Saidapet

5. In view of the above, the proceedings in C.C. No.1038 of 2021 on the file of the XVII Metropolitan Magistrate, Saidapet, is hereby quashed as against the petitioners. The terms of Joint Memo of Compromise shall form part and parcel of this Order.

6. Accordingly, the Criminal Original Petition stands allowed. 20.02.2025 rkp Index : Yes/No : Yes/No Speaking/non-speaking order

To 1.The XVII Metropolitan Magistrate, Saidapet. 2.The Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu, Chennai -94.

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

G.K.ILANTHIRAIYAN, J.

Crl.O.P.No.4181 of 2025 20.02.2025