Karthik@Pachaiyappan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10002 of 2025 Karthik @ Pachaiyappan, S/o. Vijayakumar ....

Petitioner

Versus

1.The State rep. by, The Inspector of Police, K2, Ayanavaram Police Station.

(S.C.No.148 of 2024) 2.V. Balaji S/o. Venkatesan 3.P. Sasikumar S/o. Padmanabhan 4.V. Kamal S/o. Venkatesan ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in connection with the impugned charge sheet in S.C.No.148 of 2024 on the file of the I-Additional Judge City Civil Court at Chennai, and quash the same. For Petitioner : Mr. M. Ponmudi 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 S.C.No.148 of 2024 pending on the file of the I-Additional Judge City Civil Court at Chennai, thereby taken cognizance for the offences under Sections 294(b), 307 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 respondents 2 to 4/accused and the petitioner/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 identity 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 proceedings in S.C.No.148 of 2024 pending on the file of the I-Additional Judge City Civil Court at Chennai.

5.

In view of the above, the proceedings in S.C.No.148 of 2024 pending on the file of the I-Additional Judge City Civil Court at 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.10,000/- (Rupees Ten Thousand only) 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. Consequently, connected miscellaneous petitions are closed. 04.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt

G.K.ILANTHIRAIYAN, J.

klt To

1. The I-Additional Judge, City Civil Court at Chennai, 2.The Inspector of Police, K2, Ayanavaram Police Station.

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

Crl.O.P.No.10002 of 2025 04.04.2025