Iyppan v. Deputy Superintendetn Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13801 of 2025 1.Iyappan 2.Suryaprakash ... Petitioners Vs.

1.Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Chetpet Taluk, Tiruvannamalai District.

2.State by, Inspector of Police, Chetpet Police Station, Tiruvannamalai District.

Crime No.268 of 2024.

3.Jayaseelan ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.268 of 2024 pending on the file of the second respondent

police, and quash the FIR pending against the petitioners. For Petitioners : Mr.D.Thirumoorthy For R1 and R2 : Mr.R.Vinothraja, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.268 of 2024 on the file of the second respondent, registered for the offences under Sections 191(2), 296(b), 115(2), 118(1), 351(2) of BNS, 3(1)(s) and 3(1)(va) of the Schedule Caste and the Scheduled Tribes (Prevention of Atrocities), Amendment Act, 2015. 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 third 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the FIR in Crime No.268 of 2024 pending on the file of the second respondent.

5.

In view of the above, the FIR in Crime No.268 of 2024 on the file of the second respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.5,000/-, (Rupees Five Thousand only)

in total as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. 30.04.2025 : Yes/No Speaking/non-speaking order shk

To 1.Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Chetpet Taluk, Tiruvannamalai District.

2.The Inspector of Police, Chetpet Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.13801 of 2025 30.04.2025