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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 10529 of 2025 and Crl.M.P.Nos.7039 & 7040 of 2025 K.Sakthivel ... Petitioner Vs.

1. The State Rep by The Inspector of Police, Thuraipakkam Police Station, Chennai.

Crime No.360 of 2019.

2. K.Padmavathy ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to C.C.No.75 of 2023 on the file of the learned Additional Mahila (Judicial Magistrate level), Alandur and quash the samd. For Petitioner : Mr.V.R.Sriram For Mr.B.Pachaiyappan For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.75 of 2023 on the file of the learned Additional Mahila Judge (Judicial Magistrate level), Alandur, thereby taken cognizance for the offences under Sections 294(b), 506(ii), 326 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women 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 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.75 of 2023 pending trial on the file of the learned Additional Mahila Judge (Judicial Magistrate level), Alandur. 5.

In view of the above, the proceedings in C.C.No.75 of 2023 on the file of the learned Additional Mahila Judge (Judicial Magistrate level), Alandur, is hereby. The Trial Court is directed to proceed with the trial as against the other accused persons. 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, Madras High Court, 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. Consequently, connected miscellaneous petitions are closed. 08.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. The Additional Mahila Judge (Judicial Magistrate level), Alandur.

2. The Inspector of Police, Thuraipakkam Police Station, Chennai.

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

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.No. 10529 of 2025 and Crl.M.P.Nos.7039 & 7040 of 2025 08.04.2025