Duraiarasan v. The State, Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Duraiarasan ... Petitioner Vs.

1. The State represented by The Inspector of Police, AWPS-Ulundurpet, Ulundurpet, Kallakurichi District.

2. Kasthuri ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash charge sheet in Spl.S.C.No.476 of 2024 pending on the file of Principal District Court, Kallakurichi based on compromise. For Petitioner : Mr.Krishnasamy Chinnasamy For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the proceeding in Spl.S.C.No.476 of 2024 pending on the file of Principal District Court, Kallakurichi.

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 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 proceeding 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 proceeding in Spl.S.C.No.476 of 2024 pending on the file of Principal District Court, Kallakurichi.

5.

In view of the above, the proceedings in Spl.S.C.No.476 of 2024 pending on the file of Principal District Court, Kallakurichi, is hereby quashed as against the petitioner. The terms of Joint Memo of Compromise dated 28.02.2025 shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five Thousand only) 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. 18.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The Principal District Court, Kallakurichi.

2. The Inspector of Police, AWPS-Ulundurpet, Ulundurpet, Kallakurichi District.

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

18.03.2025