D.Selvam @ Pondy Selvam v. The State Rep By, The Sub Inspector 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.14036 of 2025 D.Selvam @ Pondy Selvam ... Petitioner Vs.

1.State rep by Sub-Inspector of Police Muthialpet Police Station, Puducherry District.

Crime No.112 of 2023.

2.K.Sadhishkumar ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in FIR in Crime No.112 of 2023 on the file of the first respondent and quash the same on the ground of compromise in the interest of justice. For Petitioner : Mr.M.Govindaraju For R1 : Mr.K.S.Mohandas, Public Prosecutor (Pondicherry)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.112 of 2023 on the file of the first respondent, registered for the offences under Sections 354A(1)(iv) of IPC and 67 of Information Technology Act, 2000.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A common Joint affidavit of Compromise has been filed before this Court, which has been signed by the petitioner, the second respondent, other concerned parties 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.112 of 2023 pending on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.112 of 2023 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 petitioner shall pay a sum of Rs.10,000/-, (Rupees Ten 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.

G.K.ILANTHIRAIYAN, J.

shk 6.

Accordingly, the Criminal Original Petition stands allowed. 30.04.2025 : Yes/No Speaking/non-speaking order shk To 1.The Sub-Inspector of Police Muthialpet Police Station, Puducherry District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14036 of 2025 (1/2)