D.Baskar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.5203 of 2025 and Crl.M.P.(MD)No.3750 of 2025 D.Baskar ... Petitioner Vs.

1. The State of Tamil Nadu, Rep by the Inspector of Police, Thallakulam Police Station, Thallakulam, Madurai City, Madurai.

Crime No. 1221/2019

2. J.Jebarani ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the FIR in Crime No. 1221/2019 dated 08.08.2019 on the file of the 1st respondent and quash the same as illegal as against this petition. For Petitioner Mr.M.A.Khadar Sheriff 1/6

For Respondents Mr.M.Vaikkam Karunanithi (R1) Government Advocate Mr.R.Balamurali (R2)

ORDER

This petition has been filed by the petitioner to call for the records pertaining to the First Information Report in 1221/2019 dated 08.08.2019 on the file of the 1st respondent for the offences under Section 379 of IPC @ 379, 411, 489, 420 of IPC and quash the same.

2. When the matter was taken up for hearing, the learned counsels on both sides represented that the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

3. The defacto-complainant and the accused are present and this Court enquired about the terms of compromise. The defacto-complainant represented that they entered into a compromise considering the petitioner's educational 2/6

background and lack of criminal intent and he has no objection to quash the FIR. A compromise memo, dated 13.04.2025 signed by the parties and their respective counsel, is also filed before this Court.

4. This Court has perused the terms of the compromise memo.

5. Considering the nature of the offences and the petitioner's educational background and lack of criminal intent and the parties have also entered into a compromise, it is appropriate to allow this petition.

6. At this juncture, the learned Government Advocate appearing for the first respondent submits that the first respondent filed a final report before the learned Judicial Magistrate No.II, Madurai, however, it has not been taken on file.

7. Since the parties have entered into compromise and also considering the nature of the offences, this Court is inclined to allow this petition. It is also 3/6

made clear that filing of final report noway affects the recording of compromise. Recording the said compromise memo, this petition is allowed and the First Information Report in Crime No.1221 of 2019 dated 08.08.2019 on the file of the first respondent police is quashed as far as this petitioner alone is concerned. Consequently, connected miscellaneous petition is closed. 17.04.2025 Index Yes / No sm 4/6

TO:-

1. The Inspector of Police, Thallakulam Police Station, Thallakulam, Madurai City, Madurai.

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

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P.DHANABAL, J.

sm Order made in Crl.O.P.(MD)No.5203 of 2025 Dated:

17.04.2025 6/6