Prathap Suriya 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 OP NO. 9899 of 2025 Prathap Suriya ... Petitioner Vs 1.The State Rep By, Inspector of Police, Ulundhurpet Police Station, Kallakurichi District.

Crime No.211 of 2018.

2. Thirusangu .. Respondents Prayer: Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records relating to Crime No.211 of 2018, pending before the first respondent and quash the same by allowing this Criminal Original Petition. For Petitioner : Mr.K.Muruganandam For R1 : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.211 of 2018, pending on the file of the first respondent,

registered for the offences under Sections 341, 294(b), 323, 506(i) of IPC r/w Section 3 of PPDL Act.

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 the FIR in Crime No.211 of 2018 pending trial on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.211 of 2018 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, 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.

6.

Accordingly, the Criminal Original Petition stands allowed. 02.04.2025 Index : Yes/No Speaking/non-speaking order drl To

1. The Inspector of Police, Ulundhurpet Police Station, Kallakurichi District.

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

G.K.ILANTHIRAIYAN, J.

drl Crl.O.P.No. 9899 of 2025 02.04.2025