Mohammed Ansar v. State Rep By The Inspecor Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Mohammed Anzar 2.Thufail Ahamed 3.Praveen P.K 4.Jagadeesh.R 5.Ramachandran 6.Vimal Raj 7.Mahadevan ... Petitioners Vs.

1.State Rep by The Inspector of Police, Cyber Crime Police Station, Puducherry 2.Kokila ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the First Information Report dated 01.07.2024 registered under Sections 318(4), 319(2) and 66D of the Information Technology Act in crime No.103 of 2024 pending on the file of the first respondent police. For Petitioners : Mr.V.Karthikeyan For Respondents For R1 : Mr.K.S.Mohandass, Public Prosecutor(Pondy)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in crime No.103 of 2024 on the file of the first respondent, registered for the offences under Sections 318(4), 319(2) of BNS and Section 66D of Information Technology Act 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 their counsel. All the parties are present and identified by 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 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.103 of 2024 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.103 of 2024 on the file of the first respondent, is hereby quashed. The terms of the aforesaid Joint Compromise Memo 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. Further, in view of the quashment of the aforesaid FIR, the petitioners are at liberty to file an appropriate application before the jurisdictional Magistrate to withdraw the money which was deposited while complying with the conditions imposed in their bail applications. On receipt of the same, the

jurisdictional Magistrate is directed to allow the said application without ordering notice to the complainant.

6.

Accordingly, the Criminal Original Petition stands allowed. 30.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The Inspector of Police, Cyber Crime Police Station, Puducherry 2.The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.13782 of 2025 30.04.2025