M.Major Arun Gandhi v. State Rep By, 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.13586 of 2025 1.M.Major Arun Gandhi 2.T.Selva Bharathy 3.A.Ibrahim Sait 4.S.Arun Kumar 5.S.Syed Saifudeen 6.R.Vasanth ... Petitioners Vs.

1.The State, Represented by the Inspector of Police, D1-Triplicane Police Station, Chennai 600 005. (Crime No.285 of 2024) 2.A.Vijay Singh ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the FIR culminated in Crime No.285 of 2024 on the file of the D1-Triplicane Police Station, Chennai and quash the same. For Petitioners : Mr.P.Rajkumar

For R1 : Mr.A.Gopinath Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.285 of 2024 on the file of the first respondent, registered for the offences under Sections 126(2), 296(b), 115(2), 109 and 351(3) of BNS, 2023.

2.

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

A Memo of Compromise has been filed before this Court, which has been signed by the petitioners and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. 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.285 of 2024 pending on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.285 of 2024 on the file of the first respondent, is hereby quashed. The terms of Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.25,000/-, (Rupees Twenty 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.

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 Inspector of Police, D1-Triplicane Police Station, Chennai 600 005.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.13586 of 2025