B.Aswin Kumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12196 of 2025 1.B.Aswin Kumar 2.S.Baskaran ... Petitioners Vs.

1.State rep by The Inspector of Police, Puzhal Police Station, Chennai.

In Crime No.73 of 2024.

2.Sakthipriya ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the FIR in Crime No.73 of 2024 dated 08.02.2024 on the file of the first respondent and quash the same against the petitioner's concern. For Petitioners : M/S S.Abishek Keerthi For R1 : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to FIR in Crime No.73 of 2024 pending on the file of the first respondent, registered for the offences punishable under Sections 294(b), 323, 506(i) of IPC and Section 4 of Harassment of Women Act, 2002.

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 by the petitioners and the second respondent (victim girl) before this Court stating that now she married the first petitioner and living with him in very happiest manner. 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.

It is seen that now the victim girl attains majority and she married the first petitioner. Their marriage also got registered before the authority concerned. Now both are living happily and therefore, the petitioner need not go for ordeal of trial.

5.

Under such circumstances, no useful purpose will be served in keeping the FIR 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.73 of 2024 pending on the file of the first respondent. 6.

In view of the above, the FIR in Crime No.73 of 2024 pending on the file of the first respondent, is hereby quashed as against the petitioners. The Joint Compromise Memo filed by the petitioners and

the second respondent (victim girl) shall form part and parcel of this Order.

7.

Accordingly, the Criminal Original Petition stands allowed. 23.04.2025 : Yes/No Speaking/non-speaking order shk

To

1. The Inspector of Police, Puzhal Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.12196 of 2025 23.04.2025