B.Manikandan v. The State Of Tamil Nadu Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN B.Manikandan Sai ... Petitioner Vs.

1. The State of Tamil Nadu Rep By, The Inspector of Police, Cyber Crime Police Station, East Zone, Chetpet, Chennai.

Cr.No.35/2023

2. Megha ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pending in CC No.2668 of 2024 on the file of Learned XI Metropolitan Magistrate at Saidapet, Chennai and quash the same. For Petitioner : Mr.K.Nivesh Kumar For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.D.Karthik

ORDER

This Criminal Original Petition has been filed to quash the proceeding in CC No.2668 of 2024 on the file of Learned XI Metropolitan Magistrate at Saidapet, Chennai.

2.

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

A Joint Compromise Memo 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 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 CC No.2668 of 2024 on the file of Learned XI Metropolitan Magistrate at Saidapet, Chennai.

5.

In view of the above, the proceedings in CC No.2668 of 2024 on the file of Learned XI Metropolitan Magistrate at Saidapet, Chennai, is hereby quashed as against the petitioner. The terms of Joint Compromise Memo dated 12.02.2025 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. 21.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The XI Metropolitan Magistrate at Saidapet, Chennai.

2. The Inspector of Police, Cyber Crime Police Station, East Zone, Chetpet, Chennai.

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

21.04.2025