Vivekanandhan @ Vivekanandham v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Vivekanandhan @ Vivekanandham 2.Karuna ... Petitioners Vs.

1.The State Represented by Inspector of Police, Killai Police Station, Cuddalore District, (Crime No.156 of 2024) 2.Indira ... 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 Crime No.156 of 2024 on the file of the first respondent and to quash the same.

For Petitioners : Mr.M.Vinoth For Respondents For R1 : Mr.A.Gopinath, Government Advocate (Crl.Side) For R2 : Mr.P.Vignesh

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.156 of 2024 on the file of the first respondent, registered for the offences under Section 4 of TN Prohibition of Charging Exorbitant Interest Act, 2003.

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 the defacto complainant / the second respondent 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 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.156 of 2024 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.156 of 2024 on the file of the first respondent, is hereby quashed. The terms of Joint Compromise Memo dated 11.03.2025 shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.2,500/-, (Rupees Two Thousand and Five Hundred 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.

6.

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

To 1.The Inspector of Police, Killai Police Station, Cuddalore District

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

G.K.ILANTHIRAIYAN, J.

lok 16.04.2025