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Madras High CourtCRL OP(MD)/3150/2026allowed

Parsath Ali v. State Of Tamilnadu Rep By Inspector Of Police, Jeeyapuram

2026-02-18Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and Crl M.P(MD)No.3397 of 2026 Parsath Ali ... Petitioner / Accused No.1 Vs 1.The State represented by The Inspector of Police, Jeeyapuram Police Station, Trichy District.

(Crime No.299 of 2023) ... 1st Respondent / Complainant 2.Gokulavaanan ... 2nd Respondent / Defacto Complainant PRAYER :- To call for the records relating to the Impugned FIR in Crime No.299 of 2023 dated 13.11.2023 on the file of the first Respondent Police and quash the same as illegal insofar as the petitioner is concerned. For Petitioner : Mr.M.Suresh For Respondents : Mr.S.Ravi for R1 Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition is filed to call for the records relating to the impugned FIR in Crime No.299 of 2023 dated 13.11.2023 on the file of the first Respondent Police and quash the same as illegal insofar as the petitioner is concerned.

2. Learned counsel for the petitioner submitted that the petitioner is the first accused in the said crime which was registered for the offences under Sections 278, 279, 286, 336, 308, 114 of IPC and Sections 184 and 188 of the Motor Vehicles Act, 1988 on 13.11.2023. The case of the prosecution is that on 09.11.2023, when the de facto complainant visited Mukkambur at about 4:00 p.m., while having tea near bakery, the petitioner and another accused were riding two wheeler bearing registration No.TN 48 BC 9381 in a rash and negligent manner and creating huge noise, performing stunts such as wheeling and causing fear to the public. Following which a complaint was lodged and crime in Crime No.299 of 2023 was registered. He further pointed out that that the petitioner is a man of bright future and he is a young man who is in the process of trying for job and this First information report will be an 2/5

impediment to his progress in future and the petitioner had expressed his regrets and had come forward to file an undertaking affidavit that he will never indulge in wheeling anymore in near future and he will use two wheeler only for driving purpose and not for wheeling and stunts in future.

3. The learned Additional Public Prosecutor categorically contended that such an affidavit is not permissible and sought for dismissal of the Criminal Original Petition.

4. Heard either sides and perused the materials available on record.

5. However, despite the objection of the learned Additional Public Prosecutor, this Court, considering the future prospectus of the petitioner, had required the petitioner to file an affidavit and the petitioner had filed an affidavit dated 17.02.2026 before this Court, undertaking that he will not create huge noise, perform stunts such as wheeling in future, affecting the public and will use bike only for driving, following traffic rules and regulations before this Court. The same is taken on record.

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6. Considering the trivial nature of the offence involved, accepting the apology tendered and the affidavit filed by the petitioner, the impugned FIR in Crime No.299 of 2023 dated 13.11.2023 on the file of the first Respondent Police, is quashed as against the petitioner. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

18.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No pnn To 1.The Inspector of Police, Jeeyapuram Police Station, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L. VICTORIA GOWRI,J pnn

ORDER

IN CRL OP(MD) No.3150 of 2026 Date : 18/02/2026 5/5