K.P. Surendar v. The State Of Tamil Nadu, Rep. By Its Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.6214 of 2025 K.P.Surendar ... Petitioner Vs

1. The State of Tamil Nadu, Represented by its: Sub-Inspector of Police, K-3, Aminjikarai Police Station, Chennai, Tamil Nadu - 600 029.

(Crime No.574 of 2018)

2. Ashokkumar ... Respondents Criminal Original Petition is filed under Section 528 of B.N.N.S., to call for the records in Crime No.574 of 2018 dated 23.09.2018 on the file of the Sub-Inspector of Police at K-3 Aminjikarai Police Station, Chennai, and quash the same.

For Petitioner : Mr.J.Dhivakar For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) (for R1) 1/5

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.574 of 2018 on the file of the first respondent registered for the offences under Sections 294(b), 323, 385 and 506(2) 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 petitioner and the defacto complainant. All the parties are present and identified by their respective counsel and the Police. 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 6412/5

(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.574 of 2018 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.574 of 2018 on the file of the first respondent is hereby quashed. The terms of the Joint Memo of Compromise shall form part and parcel of this Order. The petitioner has paid a sum of Rs. 5,000/- (Rupees Five Thousand only) as costs to the Chief Justice Relief Fund, Tamil Nadu and filed a receipt along with a memo.

6. Accordingly, the Criminal Original Petition stands allowed. Consequently, the connected Miscellaneous Petition is closed. 01.04.2025 Index:Yes/No kv 3/5

To

1. The Sub-Inspector of Police, K-3, Aminjikarai Police Station, Chennai, Tamil Nadu - 600 029.

2. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

kv 01.04.2025 5/5