Tamilmaran v. State Represented By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Tamilmaran

2. Jayakodi

3. Tamilveni

4. Arokia Mary ... Petitioners Vs.

1. The State Rep by The Inspector of Police, All Women Police Station, Vadapalani, Chennai - 600 026.

2. Elizabeth Ramya ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records of the entire proceedings in C.C.No.1320 of 2024 on the file of XXIII Metropolitan Magistrate Court, Saidapet, Chennai and quash the same. For Petitioners0 : Mr.Kanimozhi Mathi For Respondents For R1 : Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.1320 of 2024 on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai, thereby taken cognizance for the offences under Sections 498(A), 506(i) r/w. 34 of IPC & Section 4 of Tamil Nadu Prohibition of Women Harassment 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 petitioners 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 proceeding 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 proceeding in C.C.No.1320 of 2024 pending trial on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai.

5.

In view of the above, the proceedings in C.C.No.1320 of 2024 on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai, is hereby quashed as against the petitioners. The terms of Joint Memo of Compromise shall form part and parcel of this Order. Accordingly, the Criminal Original Petition stands allowed. 21.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The XXIII Metropolitan Magistrate, Saidapet, Chennai,

2. The Inspector of Police, All Women Police Station, Vadapalani, Chennai - 600 026.

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

21.04.2025