Venkatesh.R v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Venkatesh. R ... Petitioner Vs

1. The State Rep. By Inspector of Police, D-2, Anna Salai Police Station, Chennai.

2. Radhakrishnan

3. Usha Rani ... Respondents Criminal Original Petition is filed under Section 528 of B.N.N.S., to call for records in connection with Crime No.181 of 2024 pending on the file of the Inspector of Police, D-2, Anna Salai Police Station, Chennai and quash the same in respect of the Petitioner/Sole Accused herein. For Petitioner : Mr.S.Kartik For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) (for R1) Mr.R.Dileepan (for R3) 1/5

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.181 of 2024 on the file of the first respondent, registered for the offences under Sections 126(2), 296(b), 115(2) and 351(2) of BNS.

2. Pending the proceedings in Crime No.181 of 2024, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Consent Affidavit has been filed before this Court, which has been signed by third respondent/victim. All the parties are present and identified by their respective counsel and the Police. 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 2/5

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.181 of 2024 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.181 of 2024 on the file of the first respondent is hereby quashed. The terms of the Consent Affidavit shall form part and parcel of this Order. The petitioner has paid a sum of Rs. 5,000/- (Rupees Five Thousand only) as costs to the Chief Justice Relief Fund, Tamil Nadu and filed a receipt along with a memo.

6. Accordingly, the Criminal Original Petition stands allowed. 01.04.2025 Index:Yes/No kv 3/5

To

1. The Inspector of Police, D-2, Anna Salai Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

kv 01.04.2025 5/5