D.Jishnu v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.4026 of 2025 D.Jishnu ... Petitioner Vs
1. State rep. by Inspector of Police, V-7, Nolambur Police Station, Chennai (Crime No.481 of 2024)
2. M.Dinesh ... Respondents Criminal Original Petition is filed under Section 428 of B.N.S.S., 2023, to call for the records pertaining to the F.I.R in Crime No.481 of 2024, on the file of the Inspector of Police, Nolambur Police Station, Chennai and quash the same.
For Petitioner : Mr.G.Karthikeyan, Senior Counsel for Mr.A.Jagadeeswari For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1) 1/5
O R D E R
This Criminal Original Petition has been filed to quash the FIR in Crime No.481 of 2024 on the file of the first respondent, registered for the offences under Sections 296(b), 79 and 351(2) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.
2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. A Memo 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.
2/5
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.481 of 2024 pending trial on the file of the first respondent.
5.
In view of the above, the FIR in Crime No.481 of 2024 on the file of the first respondent, is hereby quashed. The terms of Memo of Compromise shall form part and parcel of this Order. The petitioner has paid a sum of Rs. 2,500/- (Rupees Two Thousand Five Hundred only) as costs to the Chief Justice Relief Fund, Tamil Nadu and filed a receipt along with a memo.
3/5
6. Accordingly, the Criminal Original Petition stands allowed. Consequently, the connected miscellaneous petition is closed. 04.03.2025 Index:Yes/No kv To
1. The Inspector of Police, V-7, Nolambur Police Station, Chennai.
2. The Public Prosecutor, High Court of Madras, Chennai.
4/5
G.K.ILANTHIRAIYAN, J.
kv 04.03.2025 5/5