Sribalan v. The State Rep By, Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sribalan ... Petitioner Vs.

1. The State Rep. by The Sub Inspector of Police, Sendamangalam Police Station, Namakkal District.

(Crime No.661 of 2021)

2. Manikandan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records connected with FIR being Crime No.661 of 2021 against the petitioner on the file of the Sendamangalam Police Station, Namakkal and quash the same.

For Petitioner : Mr.K.V.Dhanapalan For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.R.Vijayakumar

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.661 of 2021 on the file of the first respondent, registered for the offences under Sections 306 & 506(1) of IPC. 2.

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

A Memorandum 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 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.661 of 2021 pending investigation on the file of the first respondent. 5.

In view of the above, the FIR in Crime No.661 of 2021 on the file of the first respondent, is hereby quashed. The terms of Memorandum of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (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. 18.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Sub Inspector of Police, Sendamangalam Police Station, Namakkal District.

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

18.03.2025