Mohan @ Mohanasundaram v. The Union Territory Of Puducherry Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.4734 of 2025 Mohan @ Mohanasundaram ... Petitioner Vs

1. The Union Territory of Puducherry represented by The Station House Officer, Lawspet Police Station, Lawspet, Pondicherry - 605 008.

Crime No.170/2014

2. A.Mahendiran ... 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 relating to impugned FIR registered in Cr.No.170/2014 dated 06.10.2014 on the file of the first respondent police station namely the SHO, Lawspet Police Station, Puducherry and quash the same based on the compromise memo dated 05.03.2025 entered between the parties. For Petitioner : Mr.Prakash Adiapadam For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.170 of 2014 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. Though a compromise had been entered between the petitioner and the second respondent, most of the accused persons died

and the prosecution also failed to proceed as against the remaining accused. Therefore, 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.170 of 2014 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.170 of 2014 on the file of the first respondent and charge sheet if any, are hereby quashed as against all the accused. The terms of Joint Memo of Compromise 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. With the above directions, this Criminal Original Petition

stands allowed. Consequently, connected Miscellaneous petition is closed.

12.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Station House Officer, Lawspet Police Station, Lawspet, Pondicherry - 605 008.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 12.03.2025