Kalidass v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Kalidass
2. Vignesh
3. Thiruselvan
4. Gopi
5. C.Hariharan ... Petitioners Vs
1. The Deputy Superintendent of Police, Ariyalur District, Ariyalur.
2. The State, Rep. by the Inspector of Police, Meensurutty Police Station, Ariyalur District.
3. M.Ajay (Crime No.13 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.13 of 2025 pending on the file of the second respondent and quash the same by allowing the present Criminal Original Petition.
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For Petitioners : Mr.R.Jayaprakash For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) for R1 & R2 Mr.M.Venkatesh (for R3)
O R D E R
This Criminal Original Petition has been filed to quash the FIR in Crime No. 13 of 2025 on the file of the second 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 third 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 2/6
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 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.13 of 2025 pending investigation on the file of the second respondent.
5. In view of the above, the FIR in Crime No. 13 of 2025 on the file of the second 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. 5,000/- (Rupees Five Thousand only) as costs to the Chief Justice Relief Fund, Tamil Nadu and filed a receipt along with a memo.
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6. Accordingly, the Criminal Original Petition stands allowed. 17.04.2025 2/2 Index:Yes/No kv 4/6
To
1. The Inspector of Police, Meensurutty Police Station, Ariyalur District.
2. The Public Prosecutor, High Court, Madras.
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G.K.ILANTHIRAIYAN, J.
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