Sps Shyamprasad v. The State Rep By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN SPS Shyamprasad ... Petitioner Vs

1. The State Rep by Inspector of Police, CCB - I, CCB Chennai.

2. Bristan Sylva ... Respondents Criminal Original Petition is filed under Section 528 of B.N.N.S., to call for the records pertaining to Crime No.34 of 2024 pending on the file of the 1st Respondent and quash the same for the petitioner alone by allowing the present Criminal Original Petition. For Petitioner : Mr.K.Suthan For Respondents : Mr.R.Vinothraja, Government Advocate (Crl.Side) (for R1) Mr.V.Veeraraghavan (for R2) 1/5

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No. 34 of 2024 on the file of the first respondent, registered for the offences under Sections 120B, 408, 420, 477A 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 and also by the learned counsel for the petitioner. 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 2/5

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

5. In view of the above, the FIR in Crime No. 34 of 2024 on the file of the first respondent is hereby quashed as against the petitioner alone. The first respondent is directed to proceed with the proceedings as against the other accused persons. The terms of the Joint Memo of Compromise shall form part and parcel of this Order. The petitioner has paid a sum of Rs. 10,000/- (Rupees Ten 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. 07.04.2025 Index:Yes/No kv 3/5

To

1. The Inspector of Police, CCB - I, CCB Chennai.

2. The Public Prosecutor, High Court, Madras.

4/5

G.K.ILANTHIRAIYAN, J.

kv 07.04.2025 5/5