M.Ajay v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. M.Ajay
2. Barath
3. K.Samithkumar
4. Sathish
5. Manibalan ... Petitioners Vs
1. The State, Rep. By the Inspector of Police, Meensurutty Police Station, Ariyalur District.
2. R.Hariharan (Crime No.14 of 2025) ... Respondents Criminal Original Petition is filed under Section 528 of B.N.N.S., to call for the records pertaining to Crime No.14 of 2025 pending on the file of the first respondent and quash the same by allowing the present Criminal Original Petition.
For Petitioners : Mr.M.Rakhi For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) for R1 Mr.R.Jayaprakash (for R2) 1/8
O R D E R
This Criminal Original Petition has been filed to quash the FIR in Crime No. 14 of 2025 on the file of the first respondent, registered for the offences under Sections 191(2), 296(b) and 115(2) of BNS and Sections 3(1) (r, 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.
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 second respondent and also by the learned counsel for the petitioners. 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 and it is 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 2/8
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.14 of 2025 pending investigation on the file of the first respondent.
5. In view of the above, the FIR in Crime No. 14 of 2025 on the file of the first respondent is hereby quashed as against the petitioners. The terms of the Joint Memo of Compromise shall form part and parcel of this Order. The petitioners have paid a sum of Rs. 7,000/- (Rupees Seven 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. 17.04.2025 1/2 Index:Yes/No kv 3/8
To
1. The Inspector of Police, Meensurutty Police Station, Ariyalur District.
2. The Public Prosecutor, High Court, Madras.
4/8
G.K.ILANTHIRAIYAN, J.
kv 17.04.2025 1/2 5/8
CRP No. 1346 of 2023W.P.No.937 of 2026Crl.O.P.No.11224 of 2025 G.K.ILANTHIRAIYAN ,J.
Today, this matter is listed under the caption "For being mentioned" at the instance of the learned counsel for the petitioners.
2. It is brought to the notice of this Court by the learned counsel for the petitioners that the names of the Petitioner Nos.6 & 7 have omitted in the cause title of the order dated 17.04.2025 made in Crl.O.P.No.11224 of 2025.
3. The learned Government Advocate for the first respondent raises no objection and confirms the same.
4. This Court has verified the records and is convinced with the submission made by the learned counsel for the petitioners.
5. In the light of the above, Registry is directed to include the name of the petitioners 6 & 7 in the cause title of the order dated 17.04.2025 in Crl.O.P.No.11224 of 2025.
6. Except the same, all other aspects shall remain intact.
CRP No. 1346 of 2023W.P.No.937 of 2026Crl.O.P.No.11224 of 2025
7. Registry is directed to make necessary correction and issue a fresh order copies to the parties at the earliest.
04.03.2026 Jd
CRP No. 1346 of 2023W.P.No.937 of 2026Crl.O.P.No.11224 of 2025 G.K. ILANTHIRAIYAN ,J.
jd 04.03.2026