Amalameri v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Amalameri

2. Alexi Samsun 3.Stephen

4. Annadurai @ Kuzhandhairaj ... Petitioners Vs.

1. The State by The Station House Officer, Elavanasoorkottai Police Station, Kallakurichi District.

2. Jaya Selvi ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR pending on the file of the first respondent namely the Station House Officer, Elavanasoorkottai Police Station, Kallakurichi District in Crime No.2 of 2023.

For Petitioners : Mr.Mary Mahila.D.C.

For Respondents 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.2 of 2023 on the file of the first respondent, registered for the offences under Sections 406, 420, 294(b) & 506(1) of IPC. 2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Compromise Memo has been filed before this Court, which has been signed by the petitioners 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 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 528 of BNSS, 2023, quashes the FIR in Crime No.2 of 2023, pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.2 of 2023 on the file of the first respondent, is hereby quashed. The terms of Joint Compromise Memo shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,500/- (Rupees two thousand five hundred 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. 24.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order

rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Station House Officer, Elavanasoorkottai Police Station, Kallakurichi District.

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

Crl.O.P.No. 4346 of 2025 24.02.2025