Sambath v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. Sambath
2. Sathish @ Thamilselvan
3. Suriya ... Petitioners Vs
1. State By: The Inspector of Police, Srimushnam Police Station, Cuddalore District.
(Crime No.47 of 2022)
2. Veerappan ... Respondents Criminal Original Petition is filed under Section 528 of BNSS., to call for the FIR in Cr.No.47 of 2022 on the file of the respondent No.1 Police Station and quash the same.
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For Petitioners : Mr.P.Pugalenthi For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) for R1
O R D E R
This Criminal Original Petition has been filed to quash the FIR in Crime No.47 of 2022 on the file of the first respondent, registered for the offences under Sections 341, 294(b), 323, 355 and 506(1) of IPC.
2. Pending the proceedings in Crime No.47 of 2022, 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 second respondent/defacto complainant. 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 2/5
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.47 of 2022 pending investigation on the file of the first respondent.
5. In view of the above, the FIR in Crime No.47 of 2022 on the file of the first respondent is hereby quashed. 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. 3/5
6. Accordingly, the Criminal Original Petition stands allowed. 24.04.2025 Index:Yes/No kv To
1. The Inspector of Police, Srimushnam Police Station, Cuddalore District.
2. The Public Prosecutor, High Court, Madras.
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G.K.ILANTHIRAIYAN, J.
kv 24.04.2025 5/5