Pandu @ Pandi @ Pandian v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Pandu (a) Pandi (a) Pandian

2. Selvakumar

3. V.Tamilarasan

4. Murugan

5. Riyaz

6. Karthick ... Petitioners Vs

1. State rep. by Inspector of Police, K-8, Arumbakkam Police Station, Chennai - 600106.

(Crime No.21 of 2024)

2. Rajesh Kumar ... Respondents Criminal Original Petition is filed under Section 528 of B.N.N.S., to call for the records relating to CC.No.1921 of 2024 pending on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai and to quash 1/5

the same and accept the compromise memo to allow this Criminal Original Petition.

For Petitioners : Mr.P.Palaninathan for Mr.A.Muthukumar For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1) Mr.V.Ashok Kumar (for R2)

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.1921 of 2024 on the file of the Chief Metropolitan Magistrate, Egmore, Chennai, thereby taken cognizance for the offences under Sections 147, 294(b), 323, 506(I) of IPC r/w Section 3 of TNPPDL Act.

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 2/5

their respective counsel and the Police. 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 C.C.No.1921 of 2024 pending trial on the file of the Chief Metropolitan Magistrate, Egmore, Chennai.

5. In view of the above, the proceedings in C.C.No.1921 of 2024 on the file of the Chief Metropolitan Magistrate, 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 Joint Memo of Compromise shall form part and parcel of this Order. The 3/5

petitioners have paid a sum of Rs. 12,000/- (Rupees Twelve Thousand only) as costs to the Chief Justice Relief Fund, Tamil Nadu and filed a receipt along with a memo.

6. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 01.04.2025 Index:Yes/No kv To

1. The Inspector of Police, K-8, Arumbakkam Police Station, Chennai - 600106.

2. The Chief Metropolitan Magistrate, Egmore, Chennai

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

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