Clement Alpha v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Clement Alpha 2.Ajay Victor 3.Vijay Joseph ... Petitioners

Versus

1.State Rep.by, The Inspector of Police, (Crime), T-17, Perumbakkam Police Station, Chennai District.

(Crime No.218 of 2024)

2. Abdhul Kabeer .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to call for the entire records related to the case in Crime No.218 of 2024, pending on the file of the 1st respondent Police and quash the same, as against the petitioners/accused.

For Petitioners : Mr. V. Saravanan For Respondents : Mr. A. Gopinath, Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.218 of 2024 on the file of the first respondent, registered for the offences under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 308(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023,(BNS).

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 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 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 528 of BNSS, 2023, quashes the FIR in Crime No.218 of 2024 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.218 of 2024 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,000/- each (Rupees Two 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. 17.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt To

1. The Inspector of Police, (Crime), T-17, Perumbakkam Police Station, Chennai District.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

klt 17.03.2025