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Madras High CourtCRL OP/2940/2025allowed

Kraleti Srinivasa Kiran v. State Rep By The Inspector Of Police

2025-02-18Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.1977 of 2025

1. Kraleti Srinivasa Kiran

2. Kraleti Venkata Rao

3. Kraleti Krishna Kumari ... Petitioners Vs.

1. The State Rep by The Inspector of Police, AWPS-Guindy Police Station, Guindy, Chennai.

Crime No.6 of 2019.

2.Lopamudra Seethepalli ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the proceedings in C.C.No.885 of 2021 pending trial before the learned Metropolitan Magistrate-IV, Saidapet, Chennai, compromise and quash the same. For Petitioner : Mr.S.Chakravarthi For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.M.Govindaraju

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.885 of 2021 on the file of the learned Metropolitan MagistrateIV, Saidapet, Chennai, thereby taken cognizance for the offences under Sections 498(A), 406, 323 of IPC and Section 4 of Dowry Prohibition Act, 1961.

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 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 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 proceeding 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 proceeding in C.C.No.885 of 2021 pending trial on the file of the learned Metropolitan Magistrate-IV, Saidapet, Chennai.

5.

In view of the above, the proceedings in C.C.No.885 of 2021 on the file of the learned Metropolitan Magistrate-IV, Saidapet, 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.5,000/-, (Rupees five 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. Consequently, connected miscellaneous petition is closed. 18.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. The Metropolitan Magistrate-IV, Saidapet, Chennai,

2. The Inspector of Police, AWPS-Guindy Police Station, Guindy, Chennai.

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

G.K.ILANTHIRAIYAN, J.

rts and Crl.M.P.No.1977 of 2025 18.02.2025