Vijayan v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. Vijayan

2. Abishaek

3. Anil

4. Kesava Dev ... Petitioners Vs

1. State represented by The Inspector of Police, District Crime Branch, Cuddalore District.

(Crime No.4 of 2023)

2. Vaithiyanathan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.4 of 2023 dated 24.01.2023 on the file of the respondent and quash the same as against the petitioners.

For Petitioners : Mr.K.Raveendran For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.4 of 2023 on the file of first respondent herein.

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.4 of 2023 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.4 of 2023 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise dated 13.03.2025 shall form part and parcel of this Order. The petitioners shall jointly 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. With the above directions, this Criminal Original Petition stands allowed.

26.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Inspector of Police, District Crime Branch, Cuddalore District.

2. The Public Prosecutor, High Court, Madras.

26.03.2025