S.Krishnan v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Krishnan ... Petitioner Vs.

1. State Rep. by The Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai.

(Cr.No.687 of 2023)

2. Manisha ... Respondents PRAYER: The Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records related to the case in Cr.No.687 of 2023 on the file of the first respondent's police and quash the same.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) for R1 : Mr.P.K.Mohanasundaram for R2

ORDER

This Criminal Original Petition has been filed to quash the FIR registered in Crime No.687 of 2023 on the file of the first respondent, registered for the offences punishable under Sections 417 and 376 of IPC.

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 528 of BNSS, 2023,

quashes the FIR in Crime No.687 of 2023 pending trial on the file of the first respondent.

5.In view of the above, the FIR in Crime No.687 of 2023 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. 6.

Accordingly, the Criminal Original Petition stands allowed. 21.03.2025 Vv To

1. The Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai.

2. The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Vv 21.03.2025