Paisal @ Mohammed Faisal 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 Crl.O.P.No.13614 of 2025 1.Paisal @ Mohamed Faisal 2.Mohammed Asadullah 3.Parakathulla @ Mohamed Barkathullah 4.Salman @ Mohamed Salman 5.Mohamed Sibakathullah ... Petitioners Vs.

1.The State rep. by, The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

2.Julbikarali Bootto ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pending in C.C.No.105 of 2024 on the file of the Judicial Magistrate No.1, Ulundurpet, arising out of Crime No.72 of 2024, registered by the first respondent police and quash the same by allowing this criminal original petition.

For Petitioners : Mr.H.Thameen Ansari For R1 : Mr.R.Vinothraja, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.105 of 2024 on the file of the Judicial Magistrate No.1, Ulundurpet.

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 and the second respondent 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 C.C.No.105 of 2024 pending trial on the file of the Judicial Magistrate No.1, Ulundurpet.

5.

In view of the above, the proceedings in C.C.No.105 of 2024 on the file of the Judicial Magistrate No.1, Ulundurpet, 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.5,000/-, (Rupees 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. 6.

Accordingly, the Criminal Original Petition stands allowed. 30.04.2025 : Yes/No Speaking/non-speaking order shk

To

1. The Judicial Magistrate No.1, Ulundurpet.

2.The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.13614 of 2025 30.04.2025