Dhanasekar v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-02-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP NO. 11686 of 2024
1. Dhanasekar
2. Harish
3. Ravi
4. Sathish
5. M.V.Prakash
6. Murugesan ... Petitioners Vs
1. State Rep.By Inspector Of Police, S-9, Palavanthangal Police Station, Kancheepuram District.
2. T.Sakthivel ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Cr.P.C., praying to call for records in Crime No.40 of 2024 on the file of 1st respondent police and to quash the same.
For Petitioners : Mr.J.Brezhnev For Respondents For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) For R2 : Mr.N.Prashantha Rao
O R D E R
This Criminal Original Petition has been filed to quash the F.I.R. registered in Crime No.40 of 2024 on the file of the 1st respondent police for the offences under Sections 341, 147, 148, 294b, 323, 506(ii) I.P.C. and under Sec.3 (1) 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 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the FIR in Crime No.40 of 2024 pending trial on the file of the first respondent.
5.In view of the above, the FIR in Crime No.40 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.12,000/-, (Rupees Twelve Thousand only) as cost, to the Chief Justice Relief Fund, Tamil Nadu, on or before 18.02.2025 and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
6.
Accordingly, the Criminal Original Petition stands allowed. 17.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rpp To
1. Inspector Of Police, S-9, Palavanthangal Police Station, Kancheepuram District.
2. The Public Prosecutor, High Court of Madras, Chennai. G.K.ILANTHIRAIYAN. J, rpp 17.02.2025