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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Manikandan 2.Pandiyan 3.Dhanalakshmi 4.Sangeetha 5.Santhiya 6.Sivakumar ... Petitioners Vs.

State Rep by 1.Inspector of Police, Vettavalam Police Station, Thiruvannamalai Crime No.165 of 2022 2.Ayyappan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to Crime No.165 of 2022 on the file of the Inspector of Police, Vettavalam Police Station and quash the same. For Petitioners : Mr.S.Vijay For Respondents For R1 : Mr.A.Gopinath, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.165 of 2022 on the file of the first respondent, registered for the offences under Sections 147, 294(b), 307, 506(2), 436 of IPC and Section 9(B)(1)(b) of the Indian Explosives Act. 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 the petitioner's counsel. All the parties are present and identified by the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is 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-(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.165 of 2022 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.165 of 2022 on the file of the first respondent, is hereby quashed. The terms of the aforesaid Joint Memo of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.1,000/-, (Rupees One Thousand only) as costs, to the Chief Justice Relief Fund, Madras High Court, 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. 10.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.1.Inspector of Police, Vettavalam Police Station, Thiruvannamalai

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

G.K.ILANTHIRAIYAN, J.

lok 10.03.2025