Ganapathi v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10263 of 2025 and Crl.M.P.No.6845 of 2025 1.Ganapathi 2.Ramesh Kumar 3.Bala alias Bala Krishnan 4.Sudhakar 5.Javid 6.Kalaiarasan 7.Samraj 8.Arnold Jude Peraro 9.Velmurugan 10.Arun Eshwaran alias Adith ... Petitioners Vs.

1.The Inspector of Police, J-12, Kanathur Police Station, Chennai 600 112.

2.Kapil Chittale ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for records in S.C.No.164 of 2017 on the file of the learned Additional District Judge, Principal District Court, Chengalpet and quash the same as compromised.

For Petitioners : Mr.Kiran Venkatesh For R1 : Mr.Vinothraja, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in S.C.No.164 of 2017 on the file of the learned Additional District Judge, Principal District Court, Chengalpet. 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 petitioners/ accused 2 to 11 and the second respondent 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 proceedings 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 proceedings in S.C.No.164 of 2017 pending trial on the file of the learned Additional District Judge, Principal District Court, Chengalpet 5.

In view of the above, the proceedings in S.C.No.164 of 2017 pending on the file of the learned Additional District Judge, Principal District Court, Chengalpet, is hereby quashed as against the petitioners. The terms of Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.20,000/-, (Rupees Twenty Thousand only) in total as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a copy of

this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 07.04.2025 : Yes/No Speaking/non-speaking order shk To

1. The Additional District Judge, Principal District Court, Chengalpet 2.The Inspector of Police,

J-12, Kanathur Police Station, Chennai 600 112.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk

Crl.O.P.No.10263 of 2025 and Crl.M.P.No.6845 of 2025 07.04.2025