Muthu Ganesh 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.4647 of 2025

1. Muthu Ganesh

2. Subbiah

3. Nagarathinam

4. Nageshwari ... Petitioners Vs.

1. The State Rep by The Inspector of Police, T4 Sankarnagar Police Station, Pammal, Chengalpattu District.

(Crime No.409 of 2012)

2. R. Chandrasena ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the entire records pertaining to the case in C.C.No.443 of 2023 pending on the file of the learned Judicial Magistrate, Pallavaram, Chengalpattu District and quash the same.

For Petitioner : Mr.P.Saravanan For 1st Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the entire records pertaining to the case in C.C.No.443 of 2023 pending on the file of the learned Judicial Magistrate, Pallavaram, Chengalpattu District and quash the same.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Compromise Memo dated 18.02.2025 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 528 of BNSS, 2023, quashes the proceeding in C.C.No.443 of 2023 pending trial on the file of the learned Judicial Magistrate, Pallavaram, Chengalpattu District. 5.

In view of the above, the proceedings in C.C.No.443 of 2023 on the file of the Judicial Magistrate, Pallavaram, Chengalpattu District, is hereby quashed as against the petitioners. The terms of Joint Compromise Memo shall form part and parcel of this Order. As per the direction of this Court, the petitioners have already paid the cost of Rs.4,000/- to the credit of the Chief Justice Relief Fund and to that effect, they have filed a memo of cost. The memo of cost is recorded.

6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, 20.02.2025 asi To

1. The Judicial Magistrate, Pallavaram, Chengalpattu District

2. The Inspector of Police, T4 Sankarnagar Police Station, Pammal, Chengalpattu District.

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

G.K.ILANTHIRAIYAN, J.

asi Crl.O.P.No.4647 of 2025 20.02.2025