G.Jayaraman v. The State Rep By Its 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.11456 of 2025 and Crl.M.P.No.7616 of 2025 G.Jayaraman .....

Petitioner Vs 1.The State Rep by its Inspector of Police, Central Crime Branch, Team 17, Vepery, Chennai - 600 007.

2. P.Manjula .....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the impugned charge sheet in C.C.No.5309 of 2023 pending on the file of the Metropolitan Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore. For Petitioner : Mr.S.Kishore Kumar For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.J.Vinoth

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.5309 of 2023 pending on the file of the Metropolitan Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai, thereby taken cognizance for the offences under Sections 419, 420, 448, 465, 467 & 478 of IPC. 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 petitioner, the second respondent and also by the learned counsel for the petitioner. All the parties are present and identified by 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.550 of 2023 pending trial on the file of the Judicial Magistrate, Ambattur.

5.

In view of the above, the proceedings in C.C.No.5309 of 2023 pending on the file of the Metropolitan Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five 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, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 16.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Metropolitan Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai,

2. The Inspector of Police, Central Crime Branch, Team 17, Vepery, Chennai - 600 007.

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

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.11456 of 2025 16.04.2025