Jagadeesan @ Jagan v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13451 of 2025 1.Jagadeesan @ Jagan 2.Master @ Babu 3.Kalidas 4.Sheikmohammed @ Sheikh Muhammed 5.Balraj @ Paulraj 6.Manikandan @ Mankgandan 7.Kumaran ... Petitioners Vs.

1.The State represented by Inspector of Police, J-13, Tharamani Police Station, Adyar, Chennai District.

(Crime No.1104 of 2017) 2.Kalishwari 3.Dinesh Kumar ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to S.C.No.633 of 2023 on the file of XXI Additional Judge, City Civil and Sessions Court at Chennai in FIR in Crime No.1104 of 2017 on the

file of Inspector of Police, Tharamani Police Station, Chennai District and to quash the same and accept the compromise memo to allow the above criminal original petition.

For Petitioners : Mr.R.Parthiban For R1 : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in S.C.No.633 of 2023 on the file of XXI Additional Judge, City Civil and Sessions Court at Chennai.

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 as well as the second and third respondents 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 proceedings 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 proceedings in S.C.No.633 of 2023 pending trial on the file of XXI Additional Judge, City Civil and Sessions Court at Chennai. 5.

In view of the above, the proceedings in S.C.No.633 of 2023 on the file of XXI Additional Judge, City Civil and Sessions Court at Chennai, is hereby quashed as against the petitioners. The terms of Joint

Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.15,000/-, (Rupees Fifteen 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. 29.04.2025 : Yes/No Speaking/non-speaking order shk

To

1. The XXI Additional Judge, City Civil and Sessions Court at Chennai 2.The Inspector of Police, J-13, Tharamani Police Station, Adyar, Chennai District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.13451 of 2025 29.04.2025