K.Arunkumar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. K.Arunkumar

2. K.Krishnamoorthy

3. K.Selvarathinam ... Petitioners Vs.

1. The State Rep by The Inspector of Police, All Women Police Station East Coimbatore City, Coimbatore.

2. Bhuvaneswari ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records vide C.C.No.1158 of 2024 on the file of Additional Mahila Court, Coimbatore and quash the same.

For Petitioners : Mr.P.Chandrasekaran For Respondents For R1 : Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.1158 of 2024 on the file of the Additional Mahila Court, Coimbatore, thereby taken cognizance for the offences punishable under Sections 498(A) & 406 of IPC, as against the petitioners. 2.

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

A Memorandum 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 and it is 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 528 of BNSS, 2023, quashes the proceeding in C.C.No.1158 of 2024 pending trial on the file of the Additional Mahila Court, Coimbatore.

5.

In view of the above, the proceedings in C.C.No.1158 of 2024 on the file of the Additional Mahila Court, Coimbatore, is hereby quashed as against the petitioners. The terms of Memorandum of Compromise shall form part and parcel of this Order. Accordingly, the Criminal Original Petition stands allowed.

28.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Additional Mahila Court, Coimbatore.

2. The Inspector of Police, All Women Police Station East Coimbatore City, Coimbatore.

3. The Public Prosecutor, Madras High Court, Chennai.

28.04.2025