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Madras High CourtCRL OP(MD)/4888/2025allowed

Mohamed Riyas v. The State Of Tamil Nadu

2025-03-17Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.4888 of 2025 Mohamed Riyas ... Petitioners/Sole accused Vs.

1.The Inspector of Police Melapalayam Police Station Melapalayam Tirunelveli.

Crime No.262 of 2024 2.M.Mehar Banu ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records relating to FIR in Crime No.262 of 2024 dated 09.09.2024 on the file of the first respondent police and quash the same against the petitioner's concerned.

For petitioner :Mr.C.Susikumar For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.Maheswaran Page No. 1 of 4

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O R D E R

This petition has been filed by the petitioner to call for the records pertaining to the First Information Report in Crime No.262 of 2024 dated 09.09.2024, on the file of the first respondent police, for the offences under Sections 115(2), 351(2), 324(4) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and quash the same.

2. When the matter was taken up for hearing, the learned counsels on both sides represented that due to the money dispute, the complaint has been lodged by the defacto complainant and 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 and he has no objection to quash the FIR. A compromise memo, dated 11.03.2025 signed by the parties and their respective counsel, is also filed before this Court. Page No. 2 of 4

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

5. Considering the nature of the offences and due to the money dispute, the complaint has been lodged by the defacto complainant and they have also entered into a compromise, it is appropriate to allow this petition.

6. Recording the said compromise memo, this petition is allowed and the First Information Report in Crime No.262 of 2024 dated 09.09.2024 on the file of the first respondent police is quashed. 17.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Inspector of Police Melapalayam Police Station Melapalayam Tirunelveli.

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

Page No. 3 of 4

P.DHANABAL,J apd Crl.OP(MD) No.4888 of 2025 17.03.2025 Page No. 4 of 4