Koppolu Sowmithra Pallav @ Sowmithra Pallav v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl. M.P. No. 4245 of 2025 Koppolu Sowmithra Pallav @ Sowmithra Pallav ... Petitioner Vs

1. The State represented by The Inspector of Police, W-12, All Women Police Station, Harbour Range, Crime No.1 of 2021 Chennai - 600 001.

2. The State represented by The Inspector of Police, IUCAW, Veppery, Chennai - 07.

3. V. Jayachandran ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 in Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in C.C.No.100 of 2025, in the Court of the learned 7th Metropolitan Magistrate, George Town, Chennai, for offences punishable under Sections 354(c), 420 & 506 (ii) of the Indian Penal Code and Section 66E of the Information Technology Act, 2000, in Crime No.01 of 2021 on the file of the first respondent and quash the same.

For Petitioner : Mr. P. Palaniyandy For Respondents : Mr. A. Gopinath, for R1 & R2 Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the C.C.No.100 of 2025 on the file of the VII Metropolitan Magistrate, George Town, Chennai, thereby taken cognizance for the offences under Sections 354(c), 420 & 506 (ii) of the Indian Penal Code and Section 66E of the Information Technology Act, 2000.

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 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 and is 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 proceeding 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 528 of BNSS, 2023, quashes the proceeding in C.C.No.100 of 2025 pending trial on the file of the VII Metropolitan Magistrate, George Town, Chennai.

5. In view of the above, the proceedings in C.C.No.100 of 2025 on the file of the VII Metropolitan Magistrate, George Town, Chennai, is hereby quashed as against the petitioner alone. The Trial Court is directed to proceed with the trial as against the other accused persons. 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) as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance to the Registry.

6. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 13.03.2025 Index:Yes/No AT To

1. The 7th Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, W-12, All Women Police Station, Harbour Range, Crime No.1 of 2021 Chennai - 600 001.

3. The Inspector of Police, IUCAW, Veppery, Chennai - 07.

4.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, AT Crl. O.P. No. 6668 of 2025 and Crl. M.P. No. 4245 of 2025 13.03.2025