Yuvani v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

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

1. The State represented by The Inspector of Police, R-3, Ashok Nagar Police Station, Chennai - 600 083.

2. M.Karthikeyan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.662 of 2017 pending on the file of the Inspector of Police, R-3, Ashok Nagar Police Station, Chennai - 600 083 and quash the same.

For Petitioner : Mr.H.Yazer Arafath For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.662 of 2017 on the file of first respondent herein.

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 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the FIR in Crime No.662 of 2017 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.662 of 2017 on the file of the first respondent, is hereby quashed as against the petitioner alone. 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. The first respondent is directed to complete the investigation in Crime No.662 of 2017 and file a final report as against other accused.

6. With the above directions, this Criminal Original Petition stands allowed.

14.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Inspector of Police, R-3, Ashok Nagar Police Station, Chennai - 600 083.

2. The Public Prosecutor, High Court, Madras.

14.03.2025