Suresh v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Suresh

2. Sugan @ Vijay

3. Sitharth Jim@ Sidtharthan

4. Thamizhvanan @ Tamizhvanan ... Petitioners Vs.

1. State Rep. by Inspector of Police, Pullarambakkam Police Station, Tiruvallur District.

2. Karunakaran ... Respondents PRAYER: The Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to FIR in Cr.No.211 of 2019 on the file of the respondent and quash the same.

For Petitioners : Mr.R.Parthiban For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed to quash the FIR registered in Crime No.211 of 2019 on the file of the first respondent for the offences under Sections 147, 448, 294(b), 323, 324 and 506(2) of IPC, 1860.

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 petitioners 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 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.211 of 2019 pending trial on the file of the first respondent.

5.In view of the above, the FIR in Crime No.211 of 2019 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall jointly pay a sum of Rs.5,000/- (Rupees Five Thousand only) totally 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. Consequently, the connected miscellaneous petition is closed. 24.04.2025 Vv To

1. The Inspector of Police, Pullarambakkam Police Station, Tiruvallur District.

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

G.K.ILANTHIRAIYAN, J.

Vv 24.04.2025