B.Nandha Kumar v. The State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9189 of 2025 1.B.Nandha Kumar 2.Ameer @ Amirtharaj 3.M.Neelamegam ....
Petitioners Vs 1.The State rep. by Inspector of Police, Fair Lands Police Station, Salem District.
Crime No.444 of 2021.
2.Navaneetham ....
Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C.,/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records relating to the final report filed in C.C.No.175 of 2024 pending on the file of the Judicial Magistrate No.V, Salem and quash the same.
For Petitioners : Mr.R.S.Mangala Kumar For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.L.P.Balajiram
O R D E R
This Criminal Original Petition has been filed to quash the C.C.No.175 of 2024 on the file of the Judicial Magistrate No.V, Salem, thereby taken cognizance for the offences under Sections 120(b), 420, 468 & 506(1) 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 petitioners, the second respondent 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 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.175 of 2024 pending trial on the file of the Judicial Magistrate No.V, Salem.
5.
In view of the above, the proceedings in C.C.No.175 of 2024 pending trial on the file of the Judicial Magistrate No.V, Salem, is hereby quashed as against the petitioners. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.10,000/-, (Rupees Ten 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. 27.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Judicial Magistrate No.V, Salem.
2.The Inspector of Police, Fair Lands Police Station, Salem District.
3. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No.9189 of 2025 27.03.2025