E.Krishnan v. The State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.6387 of 2025

1. E.Krishnan

2. M.Thangapandiyan

3. R.Venkatesan

4. M.Subash

5. E.Vishnu

6. P.Dhanush

7. A.Sakthi ... Petitioners Vs.

1. The State Rep by The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District.

Crime No.144 of 2021.

2. Prakash ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to a case in Crime No.144/2021 on the file of the first respondent and quash the same.

For Petitioners : Mr.T.Balachandran For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.K.Karuppaiya Moopanar

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.144 of 2021 on the file of the first respondent, registered for the offences under Sections 147, 148, 323, 324, 354 and 506(ii) of IPC.

2.

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

A Memo 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 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.144 of 2021 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.144 of 2021 on the file of the first respondent, is hereby quashed. The terms of Memo shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand only) jointly 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. 29.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To 1.The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District.

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

G.K.ILANTHIRAIYAN, J.

rts and Crl.M.P.No.6387 of 2025 29.04.2025