C.Surya v. The State Of Tamilnadu Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN C.Surya S/o.Chandran, 61, Asoth Nagar 1st Street, Aminjikarai, Chennai-600 029.

Petitioner(s) Vs 1.The Inspector of Police, P-5, Choolaimedu Police Station, Chennai.

Cr.No.362/2024.

2.Hazeena Banu W/o. Aadham Mian, No.27A, Dheiva Sigamani Street, Choolaimedu, Chennai-600 094.

Respondent(s) PRAYER To call for the records in Cr.No.362/2024 on the file of the Inspector of Police, Choolaimedu Police Station, Chennai and quash the proceedings.

For Petitioner(s):

Mr. N.EASWARAN For Respondent(s):

Mr. R.VinothRaja, Government Advocate (Crl. Side) for R1

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No. 362 of 2024 on the file of the first respondent, registered for the offences under Sections 296(b), 115(2), 76, 351 (2) of BNS Act, 2023 and r/w Section 4 of TNPHW Act, 2002.

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.362 of 2024 pending investigation on the file of the first respondent.

5. In view of the above, the FIR in Crime No.362 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 petitioner shall pay a sum of Rs.5,000/-, (Rupees Five 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 to the Registry.

6. Accordingly, the Criminal Original Petition stands allowed. 07-04-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Inspector of Police, P-5, Choolaimedu Police Station, Chennai.

Cr.No.362/2024.

2.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

AT CRL OP No. 10248 of 07-04-2025