Tajudeen v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8184 of 2025 1.Tajudeen 2.Sarfudeen 3.Malathi 4.R.Jaffar Khan ... Petitioners Vs.

1.The State: rep. by Inspector of Police, Central Crime Branch Vepery Chennai 600 007.

2.Javid Thamiz ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings in C.C.No.4303 of 2020, pending on the file of Metropolitan Magistrate for CCB Cases, Egmore, Chennai.

For Petitioners : Mr.K.R.Gunashekar

For R1 : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.4303 of 2020 on the file of the Metropolitan Magistrate for CCB Cases, Egmore, Chennai.

2.

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

A Memo of Compromise has been filed before this Court, which has been signed by the petitioners and the second respondent 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceeding in C.C.No.4303 of 2020, pending trial on the file of Metropolitan Magistrate for CCB Cases, Egmore, Chennai. 5.

In view of the above, the proceedings in C.C.No.4303 of 2020 on the file of theMetropolitan Magistrate for CCB Cases, Egmore, Chennai, is hereby quashed as against the petitioners alone. The Trial Court is directed to proceed with the trial as against the other accused persons. The terms of Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,000/-, (Rupees Two Thousand only) each as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a

copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. 20.03.2025 : Yes/No Speaking/non-speaking order shk

To

1. Metropolitan Magistrate for CCB Cases, Egmore, Chennai 2.Inspector of Police, Central Crime Branch Vepery Chennai 600 007

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.8184 of 2025 20.03.2025