S.Anandraj v. The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Anandraj ... Petitioner Vs.

1. The Assistant Commissioner of Police, Kattoor Range, Coimbatore City.

2. The Inspector of Police, All Women Police Station - Central, Coimbatore City.

(Crime No.37 of 2024)

3. K.Bipeena ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to FIR in Crime No.37 of 2024 on the file of the second respondent and quash the same against the petitioner for the offences under Section 296(b), 115(2), 318(2), 318(4), 64, 123 of Bharatiya Nyaya Sanhita, 2023, 66E, 67 of Information Technology Act, 2000 and 3(1)(w)(i), 3(2)(vs) of SC/ST (Prevention of Atrocities) Amendment Act, 1989 by allowing this Criminal Original Petition.

For Petitioner : Mr.S.Suganthan For Respondents For R1 & R2 : Mr.A.Gopinath Government Advocate (Crl.Side) For R3 : Mr.M.Rajkumar

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.37 of 2024 on the file of the first respondent, registered for the offences under Sections 296(b), 115(2), 318(2), 318(4), 64, 123 of Bharatiya Nyaya Sanhita, 2023 and Sections 66E & 67 of the Information Technology Act, 2000 and Sections 3(1)(w)(i), 3(2)(vs) of SC/ST (Prevention of Atrocities) Amendment Act, 1989. 2.

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

A Joint Affidavit of Compromise has been filed before this Court, which has been signed by the petitioner 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 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 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, quashes the FIR in Crime No.37 of 2024 pending investigation on the file of the first respondent. 5.

In view of the above, the FIR in Crime No.37 of 2024 on the file of the first respondent, is hereby quashed. The terms of Joint Affidavit of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000/-, (Rupees ten thousand only) as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. 04.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. The Assistant Commissioner of Police, Kattoor Range, Coimbatore City.

2. The Inspector of Police, All Women Police Station - Central, Coimbatore City.

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

G.K.ILANTHIRAIYAN, J.

rts 04.03.2025