Bhoopathy v. The State Rep By, The 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. 4195 of 2025

1. Bhoopathy

2. Rajesh.B

3. Dinesh ... Petitioners Vs

1. The State by the Inspector of Police, P-2, Otteri Police Station, Chennai.

(Crime No.1400 of 2024)

2. Deepika ... Respondents PRAYER: The Criminal Original Petition is filed under Section 528 of B.N.S.S to record the petitioner's affidavit and quash the F.I.R.No.1400 of 2024 on the file of the first respondent police against the petitioners. For Petitioners : Mr. Sanjay Davidson For Respondent : Mr.A.Gopinath, for R1 Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No. 1400 of 2024 on the file of the first respondent, registered for the offences under Sections 115(2), 296(b), 118(1) and 351(3) of BNS Act and Section 4 of TNPHW Act.

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. 1400 of 2024 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No. 1400 of 2024 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.1,000/-, (Rupees 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. Consequently, connected miscellaneous petition is closed. 13.03.2025 Index:Yes/No AT

G.K.ILANTHIRAIYAN. J, AT To 1.The Inspector of Police, P-2, Otteri Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

13.03.2025