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Madras High CourtCRL OP/6125/2025allowed

B.S.Dharshankumar @ Dharshaan v. State Rep.By, The Inspector Of Police,

2025-03-05Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6125 of 2025 1.B.S.Dharshankumar @ Dharshaan 2.Lokesh Arunkumar 3.K. Manoshankar @ Mano 4.B. Praveen Kumar @ Praveen ... Petitioners Vs.

1.State Rep.by, The Inspector of Police, J-13 Tharamani Police Station, Adayar, Chennai.

2.M.Sudhankiran ... 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.346 of 2022 on the file of the 1st Respondent Police i.e. Inspector of Police, J13 Adyar Police Station, Taramani, Chennai and quash the same.

For Petitioner : Mr.G.Saravanakumar 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.346 of 2022 on the file of the first respondent, registered for the offences under Sections 294(b) and 323 of IPC. 2.

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

A Letter of Compromise has been filed before this Court, which has been signed by the petitioners and the defacto complainants. All the parties are present and identified by the learned counsel for the petitioner 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 528 of BNSS, 2023, quashes the FIR in Crime No.346 of 2022 pending on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.346 of 2022 on the file of the first respondent, is hereby quashed. The terms of Letter of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,000/-, (Rupees Two Thousand only) each 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. 05.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The Inspector of Police, J-13 Tharamani Police Station, Adayar, Chennai.

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

Crl.O.P.No.6125 of 2025 05.03.2025