Syed Imam v. State 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
1. Syed Imam
2. Syed Sardhar
3. Syed Rafik ... Petitioners Vs.
1. The State by The Inspector of Police, Baluchetty Chatram Police Station, Kanchipuram District.
(Crime No.04 of 2025)
3. Raziya Banu ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the FIR in Crime No.04 of 2025 on the file of the Baluchetty Chatram Police Station, Kanchipuram District and to quash the same in respect of the petitioners are concerned and to allow the above Criminal Original Petition.
For Petitioner : Mr.C.Raghavan For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.S.Vignesh
O R D E R
This Criminal Original Petition has been filed to quash the FIR in Crime No.04 of 2025 on the file of the first respondent, registered for the offences under Sections 296(b), 115(2) & 109 of BNS. 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 petitioners 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.04 of 2025 pending investigation on the file of the first respondent. 5.
In view of the above, the FIR in Crime No.04 of 2025 on the file of the first respondent, is hereby quashed. The terms of Joint Compromise Memo shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,000/-, (Rupees two thousand only) each 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
G.K.ILANTHIRAIYAN, J.
rts To
1. The Inspector of Police, Baluchetty Chatram Police Station, Kanchipuram District.
2. The Public Prosecutor, Madras High Court, Chennai.
04.03.2025