S.Karthikeyan Alias Karthi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.No.15174 of 2025 S.Karthikeyan @ Karthi

...Petitioner

Vs.

1. The State Rep. by The Inspector of Police, T-Palur Police Station, Ariyalur District.

[Cr.No.153 of 2024]

2. Narayanan

...Respondents

Petition filed under Section 528 of BNSS calling for the records in C.C.No.419 of 2024 pending on the file of the learned Judicial Magistrate No.I, Jayamkondam and quash the same.

For Petitioner : Mr.V.S.Senthikumar For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side) [R1]

O R D E R

The prayer is made to quash the proceedings in CC.No.419 of 2024 on the file of Judicial Magistrate No.I, Jayankondam and to quash the same on the ground of compromise between the parties. 1/4

2. The Hon'ble Supreme Court of India in Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 had laid down the legal position with regard to the exercise of power under Section 482 of Code of Criminal Procedure when parties seek to invoke the jurisdiction to quash the case on compromise. The Court has to look into the gravamen of the allegations and if it is private in nature, then the prayer can be accepted. In this case the allegations is that eventhough the accused purchased the bike, never handed it over to the defacto complainant neither the money was paid back.

3. Accordingly, when the case was registered, pending the case, now the bike has been handed over and both parties have compromised the issue amicably. The affidavit of the second respondent defacto complainant is also filed. Both parties are also present before this Court. Upon enquiry, they also confirmed that they have amicably resolved the issue. In view thereof, the Criminal Original Petition is allowed as prayed for. Consequently, connected miscellaneous petition is closed. 07.08.2025 RAP NCC : Yes / No 2/4

To

1. The State Rep. by The Inspector of Police, T-Palur Police Station, Ariyalur District.

2. The Judicial Magistrate No.I, Jayamkondam 3/4

D.BHARATHA CHAKRAVARTHY.J., RAP 07.08.2025 4/4