Sathish v. The State, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11236 of 2025 Sathish .....

Petitioner Vs 1.The State, The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.

Cr.No.02/2025.

2.Durgadevi .....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records in Crime No.02 of 2025 on the file of the Inspector of Police, Irumbulikurichi Police Station, Ariyalur District and quash the same. For Petitioner : Mr.R.Gokula Krishnan For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.M.Pugazhendhi

O R D E R

This Criminal Original Petition has been filed to quash the FIR registered in Crime No.02 of 2025 on the file of the first respondent, for the offences under Sections 296(b) and 75(2) of the BNS, 2023 read with Section 4 of the Tamil Nadu Prohibition of Women Harassment Act and Section 67A of the Information Technology Act, 2000. 2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

Consent affidavit of both the parties had been filed before this Court, which has been signed by the petitioner and the defacto complainant and also their respective counsel. Both the parties are present and identified by the 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 528 of BNS, 2023, quashes the FIR in Crime No.02 of 2025 pending on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.02 of 2025 on the file of the first respondent, is hereby quashed. The consent affidavit filed by both the parties shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand only) as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. 16.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

To 1.The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.

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

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No. 11236 of 2025 16.04.2025