Mahendra Yadhav v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Mahendra Yadhav

2. Praveen Yadhav ....

Petitioners Vs

1. State Rep.By, The Inspector of Police, Sirkazhi Police Station, Mayiladuthurai District.

Cr.No.479/2022 2.Sanmugam ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the proceedings in Crime No.479 of 2022 on the file of the 1st respondent in entirety.

For Petitioners : Mr.M.Mohamed Riyaz For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.479 of 2022 on the file of the first respondent, registered for the offences under Sections 406, 409, 420 and 506(ii) 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. All the parties are present. 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 528 of BNS, 2023, quashes the FIR in Crime No.479 of 2022 pending on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.479 of 2022 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. The petitioners shall pay a sum of Rs.5,000/-, (Rupees Five Thousand only) each 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. 07.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Inspector of Police, Sirkazhi Police Station, Mayiladuthurai District.

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

Crl.O.P.No. 6439 of 2025 07.03.2025