S.Rohit Goyal v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.11656 & 11659 of 2024 S.Rohit Goyal ... Petitioner Vs.

1. The State Rep by The Inspector of Police, Central Crime Branch II, Vepery, Chennai - 600 007.

2. R.Parivallai ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the proceeding in C.C.No.4094 of 2020, in the Court of the learned Metropolitan Magistrate, for exclusive trial of CCB and CBCID Cases, Egmore, Chennai, for alleged offences punishable under Sections 409, 420, 465, 468, 471 r/w 34 of IPC.

For Petitioner : Mr.C.R.Ajith For Respondents For R1 : Mr.R.Vinothraja Government Advocate (Crl.Side) For R2 : Mr.R.C.Paul Kanagaraj

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.4094 of 2020 on the file of the learned Metropolitan Magistrate, for exclusive trial of CCB and CBCID Cases, Egmore, Chennai, thereby taken cognizance for the offences under Sections 409, 420, 465, 468, 471 r/w 34 of IPC. 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.4094 of 2020 pending trial on the file of the learned Metropolitan Magistrate, for exclusive trial of CCB and CBCID Cases, Egmore, Chennai 5.

In view of the above, the proceedings in C.C.No.4094 of 2020 on the file of the learned Metropolitan Magistrate, for exclusive trial of CCB and CBCID Cases, Egmore, Chennai, 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) 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. Consequently, connected miscellaneous petitions are closed. 07.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. The Metropolitan Magistrate, for exclusive trial of CCB and CBCID Cases, Egmore, Chennai, 2.The Inspector of Police, Central Crime Branch II, Vepery, Chennai - 600 007.

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

G.K.ILANTHIRAIYAN, J.

rts and Crl.M.P.Nos.11656 & 11659 of 2024 07.04.2025