Deepakkumar v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7298 of 2025 Deepakkumar ... Petitioner Vs.

1.The Inspector of Police, Anna Nagar Police Station, Anna Nagar, Chennai 600 040.

W-7, Anna Nagar AWPS (Crime No.05 of 2023) 2.Deepika ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in C.C.No.28 of 2024 on the file of the Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai and quash the same. For Petitioner : Mr.D.Arun For R1 : M/s.J.R.Archana, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.28 of 2024 on the file of the Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai 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 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 C.C.No.28 of 2024 pending trial on the file of the Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai 5.

In view of the above, the proceedings in C.C.No.28 of 2024 pending on the file of the Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai, is hereby quashed as against the petitioner alone. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five Thousand only) each 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.

13.03.2025 : Yes/No Speaking/non-speaking order shk To

1. Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai

2. The Inspector of Police, Anna Nagar Police Station, Anna Nagar, Chennai 600 040.

W-7, Anna Nagar AWPS

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk

Crl.O.P.No.7298 of 2025 13.03.2025