M.Saravanan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9675 of 2025 M.Saravanan ... Petitioner Vs.
1. State Rep. by The Inspector of Police, Sriperumpudur Police Station, Kancheepuram District.
(Cr.No.10 of 2024)
2. M.Gopi ... Respondents PRAYER: The Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records connected with the impugned first information report in Cr.No.10 of 2024 pending investigation on the file of the first respondent police and quash the same.
For Petitioner : Mr.N.Elumalai For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 1/2
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.10of 2024 on the file of the first respondent, registered for the offences under Sections 294(b), 323 and 506(i) 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 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes 2/2
the FIR in Crime No.9 of 2024 pending trial on the file of the first respondent. 5.In view of the above, the FIR in Crime No.9 of 2025 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 in the Registry. 6.
Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 02.04.2025 Vv To
1. The Inspector of Police, Sriperumpudur Police Station, Kancheepuram District.
2. The Public Prosecutor, High Court of Madras, Chennai.
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Vv Crl.O.P.No.9675 of 2025 02.04.2025 4/2
Crl.O.P No.9675 of 2025 This matter is posted today under the caption "for Being Mentioned" at the instance of the learned counsel for the petitioner.
2. The learned counsel for the petitioners submitted that in paragraphs 4 and 5 of the order dated 02.04.2025 passed in Crl.O.P No.9675 of 2025, it has been inadvertently mentioned as "Crime No.9 of 2024 and 9 of 2025" instead of " Crime No.10 of 2024". Hence, he prays to rectify the defects.
3. Considering the submissions made by the learned counsel for the petitioners, in paragraphs 4 and 5 of the order dated 02.04.2025 passed in Crl.O.P No.9675 of 2025, the crime Number shall be read as "Crime No.10 of 2024".
4. In other aspects, the earlier order passed by this Court dated 02.04.2025, shall stand unaltered.
05.06.2025 uma (2/2) Note: Registry is directed to issue fresh order copy after making necessary corrections.
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