Prabaharan 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.14078 of 2025 and Crl.M.P.No.9506 of 2025 Prabaharan ... Petitioner Vs.

1.The State rep by Inspector of Police, Thiruvenkadu Police Station, Mayiladuthurai District.

(Crime No.214 of 2024).

2.S.Vinoth Kumar ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records pursuant to the FIR in Crime No.214 of 2024 on the file of the first respondent police and quash the same by allowing this criminal original petition so far as petitioner is concern.

For Petitioner : Mr.N.Chinnaraj 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.214 of 2024 on the file of the first respondent, registered for the offences under Sections 126(2), 296(b), 308, 351(3) of BNS, 2023 and 25(1A) of the Arms Act, 1959.

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 petitioner 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 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.214 of 2024 pending on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.214 of 2024 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner 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.

G.K.ILANTHIRAIYAN, J.

shk 6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 30.04.2025 : Yes/No Speaking/non-speaking order shk To 1.The Inspector of Police, Thiruvenkadu Police Station, Mayiladuthurai District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14078 of 2025 and Crl.M.P.No.9506 of 2025