Ajithkumar v. The State Rep 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 Dr.Ajithkumar ... Petitioner Vs.

1. The State Rep By, The Inspector of Police, All Women Police Station, Villupuram 605 602.

Crime.No. 10/2006

2. A. Rajkumari ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the prosecution proceedings in CC.No.3 of 2019 on the file on the file of the Additional Mahila Court, Villupuram in the cadre of Judicial Magistrate.

For Petitioner : Mr.P.Krishnan For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.R.Srihariharan

ORDER

This Criminal Original Petition has been filed to quash the proceeding in CC.No.3 of 2019 on the file on the file of the Judicial Magistrate, Additional Mahila Court, Villupuram.

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 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 CC.No.3 of 2019 on the file on the file of the Judicial Magistrate, Additional Mahila Court, Villupuram.

5.

In view of the above, the proceedings in CC.No.3 of 2019 on the file on the file of the Judicial Magistrate, Additional Mahila Court, Villupuram, is hereby quashed as against the petitioner. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner 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. 24.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The Judicial Magistrate, Additional Mahila Court, Villupuram.

2. The Inspector of Police, All Women Police Station, Villupuram 605 602.

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

24.04.2025