Srinivasan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Srinivasan 2.Karthik Kumar ... Petitioners Vs.

1.The State, Rep. by the Inspector of Police, G-3, Kilpauk Police Station, Chennai District 2.E.Shankar ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to crime No.22 of 2023 pending on the file of the first respondent and quash the same by allowing the present criminal original petition.

For Petitioners : Mr.R.Jayaprakash For Respondents For R1 : Mr.A.Gopinath, Government Advocate (Crl.Side) For R2 : Mr.M.Venkatesh

O R D E R

This Criminal Original Petition has been filed to quash the FIR in crime No.22 of 2023 pending on the file of the first respondent, registered for the offences under Section 304A of IPC. 2.

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

A Joint Compromise Memo has been filed before this Court, which has been signed by the petitioners and the defacto complainant/ the second respondent and also by the petitioners' 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 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 keeping the impugned 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.22 of 2023 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in crime No.22 of 2023 pending investigation on the file of the first respondent, is hereby quashed in respect of the petitioners alone. The terms of the above Joint Compromise Memo dated 27.03.2025 shall form part and parcel of this Order. The petitioners shall jointly 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. 08.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The Inspector of Police, G-3, Kilpauk Police Station, Chennai District

2. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

lok 08.04.2025