Kalaiyarasan v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.3419 of 2025 Kalaiyarasan ... Petitioner Vs

1. State Rep By, The Inspector of Police, Pallapatty Police Station, Salem.

Crime No.1445 of 2024.

2. Aarthi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call the records and quash the proceedings in Crime No.1445 of 2024 pending on the file of the first respondent police for offences under Sections 296(b), 304(2), 351(2) of BNSS and under Section 4 of TN Prohibition of Harassment of Women Act, 2002 pending disposal in Criminal Original Petition. For Petitioner : Mr.Deepanuday For R1 : Mr.A.Gopinath Government Advocate (Crl.side) For R2 : Mr.V.K.Vengadesh Durai Raja

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.1445 of 2024 on the file of first respondent herein.

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 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-(Parbathbhai

Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the FIR in Crime No.1445 of 2024 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.1445 of 2024 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise dated 17.02.2025 shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five 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. With the above directions, this Criminal Original Petition stands allowed. Consequently, connected Miscellaneous petition is closed. 26.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn G.K.ILANTHIRAIYAN. J,

mn To

1. The Inspector of Police, Pallapatty Police Station, Salem.

2. The Public Prosecutor, High Court, Madras.

26.02.2025