Venkatesan 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

1. Venkatesan

2. S/o.Margabandhu

3. Appu @ Jagadeesan

4. Vijay

5. Nirosha ... Petitioners Vs

1. State Represented by:- The Inspector of Police, Pallikonda Police Station, Vellore District.

(Crime No.9 of 2025)

2. Janakiraman ... Respondents Prayer:Criminal Original Petition filed under Section 528 of B.N.S.S., to call for the entire records connected with the impugned first information report in Crime No.9 of 2025 pending investigation on the file of the first respondent Police and quash the same.

For Petitioners : Mr.G.Balamanikandan For Respondents : Mr.A.Gopinath,

Government Advocate (Crl.Side) for R1 O RDER This Criminal Original Petition has been filed to quash the FIR in Crime No.9 of 2025 on the file of the first respondent, registered for the offences under Sections 191(2), 296(b), 115(2) and 351(2) of BNS.

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 528 of BNSS, 2023, quashes the FIR in Crime No.9 of 2025 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.9 of 2025 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 petitioners have paid a sum of Rs. 4,000/- (Rupees Four 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. 13.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv

To

1. The Inspector of Police, Pallikonda Police Station, Vellore District.

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

G.K.ILANTHIRAIYAN. J, kv 13.03.2025