Thirumoorthy v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Thirumoorthy 2.Siva 3.Prabhu 4.Ranjithkumar 5.Kiran ... Petitioners Vs.

1.State rep., by The Inspector of Police, Veeranam Police Station, Salem District.

(Crime No. 457 of 2011) 2.Anbu ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records of the impugned FIR lodged as against the petitioners herein in Crime No. 457 of 2011, on the file of the first respondent police and quash the same. For Petitioners : Mr. W. Camyles Gandhi For Respondents For R1 : Mr. A. Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No. 457 of 2011 on the file of the first respondent, registered for the offences under Sections 147 and 366 of IPC.

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 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- (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section Section 528 of BNSS, 2023, quashes the FIR in Crime No.487 of 2011 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.487 of 2011 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order.

6. Accordingly, the Criminal Original Petition stands allowed. 03.03.2025 Index : Yes/No : Yes/No AT To 1.The Inspector of Police, Veeranam Police Station, Salem District.

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

G.K.ILANTHIRAIYAN, J.

AT 03.03.2025 CRL.O.P.No.5948 of 2025

G.K.ILANTHIRAIYAN.J This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioners.

2. The learned counsel for the petitioners has brought to the notice of this Court that in the order dated 03.03.2025 in Crl.O.P.No.5948 of 2025, in Paragraph Nos.4 and 5, the crime number has been erroneously stated as "Crime No.487 of 2011" instead of "Crime No.457 of 2011".

3. Accepting the submissions of the learned counsel for the petitioners, in Paragraph Nos.4 and 5 of the order dated 03.03.2025 in Crl.O.P.No.5948 of 2025, the crime number shall be read as Crime No.457 of 2011.

4. Registry is directed to carry out necessary corrections in the order dated 03.03.2025 in W.P.No.7302 of 2025 and issue fresh order copy.

5. In all other aspects, the order dated 03.03.2025 in Crl.O.P.No.5948 of 2025 shall remain unaltered. 13.03.2025 Index:Yes/No Internet:Yes/No mn

G.K.ILANTHIRAIYAN, J.

mn CRL.O.P.No.5948 of 2025 13.03.2025