Rameshbabu v. The Assistant Commissioner Of Police

Crl.OP.No.7097 of 2025 G.K.ILANTHIRAIYAN, J.

Today this matter has been posted under the caption "for clarification".

2. Heard, the learned counsel for the petitioners and the learned Government Advocate(crl.side) appearing for respondents 1 & 2.

3. It is seen that this Court passed order in Crl.OP.No.7097 of 2025 on 27.03.2025 thereby quashing the impugned proceedings in SC.No.10 of 2024 on the file of the Principal District Court, Chengalpattu. Though all the accused persons filed the above criminal original petition, due to inadvertence, it was mentioned in the order copy as the impugned proceedings was quashed against the petitioners alone and the trial court was directed to proceed with the trial against the other accused persons.

1/9

4. Therefore, now it is clarified and the fifth paragraph of the order passed in Crl.OP.No.7097 of 2025 dated 27.03.2025 shall read as follows: "5. In view of the above, the proceedings in SC.No.10 of 2024 pending on the file of the Principal District Court, Chengalpattu, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) in total as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry."

27.06.2025 lok 2/9

G.K.ILANTHIRAIYAN, J.

lok 27.06.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

3/9

DATED: 27.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7097 2025 1.Rameshbabu 2.Nandakumar 3.Kanchana

4. Latha ...

Petitioners Vs.

1.The Assistant Commissioner of Police, Chennai.

2.The State rep. by The Inspector of Police, Pallikaranai Police Station, Chennai 600 100.

(Crime No.353 of 2023) 3.Kalaiselvi ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to charge sheet in S.C.No.10 of 2024 on the file of the Principal District Court, Chengalpattu and quash the same.

4/9

For Petitioners : Mr.B.Vijayakarthikeyan For R1 and R2 : Mr.R.Vinothraja, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the proceeding in S.C.No.10 of 2024 on the file of the Principal District Court, Chengalpattu 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. 5/9

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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceeding in S.C.No.10 of 2024 pending trial on the file of the Principal District Court, Chengalpattu.

5.

In view of the above, the proceedings in S.C.No.10 of 2024 pending on the file of the Principal District Court, Chengalpattu, is hereby quashed as against the petitioners alone. 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 petitioners shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand only) in total as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a 6/9

memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. 27.03.2025 : Yes/No Speaking/non-speaking order shk To

1. The Principal District Court, Chengalpattu 7/9

2.The Assistant Commissioner of Police, Chennai.

3.The Inspector of Police, Pallikaranai Police Station, Chennai 600 100.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk 8/9

Crl.O.P.No.7097 2025 27.03.2025 9/9