Gurumoorthi C v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Gurumoorthi C 2.Suresh C ... Petitioners Vs.

1.State by The Inspector of Police, Velur Police Station, Namakkal District, Crime No.96 of 2025 2.N.S.Senthilkumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in the FIR in crime No.96 of 2025 dated 26.03.2025 against the petitioners, pending on the file of the first respondent and quash the same against the petitioners.

For Petitioners : Mr.M.Jaikumar For Respondents 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.96 of 2025 on the file of the first respondent, registered for the offences under Sections 191(2), 296(b), 115(2) & 351(3) of BNS. 2.

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

A Joint Memorandum of Compromise has been filed before this Court, which has been signed by the petitioners and the defacto complainant 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 and it is 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 528 of BNSS, 2023, quashes the FIR in Crime No.96 of 2025 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.96 of 2025 on the file of the first respondent, is hereby quashed in respect of the petitioners. The terms of the aforesaid Joint Memorandum of Compromise shall form part and parcel of this Order. The petitioners shall jointly pay a sum of Rs.5,000/-, (Rupees Five Thousand only) as costs, to the Chief Justice Relief Fund, Madras High Court, 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. 30.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The Inspector of Police, Velur Police Station, Namakkal District

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

G.K.ILANTHIRAIYAN, J.

lok 30.04.2025