K.Vishwa v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vishwa.K ... Petitioner Vs.

1)State by:

Inspector of Police, D1-Triplicane Police Station, Triplicane, Chennai (Crime No.379 of 2023) 2.Dilip Yadav ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records to quash the First Information Report in Crime No.379 of 2023 on the file of the Inspector of Police, D1-Triplicane Police Station, Triplicane as against the petitioner.

For Petitioner : Mr.Ralph V.Manohar For Respondents For R1 : Mr.A.Gopinath, Government Advocate (Crl.Side) For R2 : Mr.R.Santhosh

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.379 of 2023 on the file of the first respondent, registered for the offences under Sections 147, 148, 341, 294(b), 323, 324, 427 & 506(2) of IPC.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

Affidavits have been filed before this Court, which have been signed by the petitioner and the second respondent 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 a copy of Aadhaar Card and Driving License and they 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 528 of BNSS, 2023, quashes the FIR in Crime No.379 of 2023 pending investigation on the file of the first respondent, as against the petitioner. 5.

In view of the above, the FIR in Crime No.379 of 2023 on the file of the first respondent, is hereby quashed as against the petitioner. The terms of the above affidavits dated 26.03.2025 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. 29.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.Inspector of Police, D1-Triplicane Police Station, Triplicane, Chennai 2.The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

lok 29.04.2025