M.Nesarajan @ Nesarasan v. The State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.4207 of 2025 1.M.Nesarajan @ Nesarasan 2.P.Mohanraju @ Mohanraj 3.S.Gopinath @ Gopi 4.M.Vishal 5.S.Arun 6.S.Sudhakar @ Suthkaran 7.N.Mohankumar @ Mohan 8.M.Suhas @ Subhash ... Petitioners Vs.

1.The State by Inspector of Police, Sankari Police Station, Salem District, Crime No.10 of 2025 2.R.Sivakumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to crime No.10 of 2025 on the file of the Sankari Police Station, Salem District, quash the same.

For Petitioners : Mr.A.Saravanan For Respondents 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.10 of 2025 on the file of the first respondent, registered for the offences under Sections 191(2), 296(b), 115(2) of BNS, 2023, Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Memorandum of Compromise has been filed before this Court, which has been signed by the petitioners and the defacto complainant. 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 it 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 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 BNSS, 2023, quashes the FIR in crime No.10 of 2025 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in crime No.10 of 2025 on the file of the first respondent, is hereby quashed. The terms of Joint Memorandum of Compromise dated 06.02.2025 shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.1,000/- , (Rupees One Thousand only) as costs, to the Chief Justice Relief Fund, Madras High Court, 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. Consequently, connected miscellaneous petition is closed. 06.03.2025 Index : Yes/No (1⁄2) : Yes/No Speaking/non-speaking order lok

To 1.Inspector of Police, Sankari Police Station, Salem District

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

G.K.ILANTHIRAIYAN, J.

lok 06.03.2025 (1⁄2)