Madras High CourtCRL OP(MD)/5779/2025allowed

K. Azhagarsamy v. The State Of Tamilnadu Rep. By

2025-04-01Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.5779 of 2025 K.Azhagarsamy ... Petitioner Vs.

1.The State of Tamil Nadu, Inspector of Police, Samayanallur Police Station, Madurai District.

Crime No.1793 of 2020 2.M.Thangam ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the Crime No.1793 of 2020 on the file of the first respondent police and quash the same as illegal against the petitioner. For petitioner :Mr.S.K.Dineshrajan For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.G.Thana Balan 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.1793 of 2020 dated 17.12.2020 on the file of the first respondent police, for the offences under Sections 379 of IPC @ Section 379 of IPC and Section 83(2) of Juvenile Justice Act and quash the same.

2. When the matter was taken up for hearing, the learned counsel 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 and he has no objection to quash the FIR. A compromise memo, dated 26.03.2025 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 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. 1793 of 2020 dated 17.12.2020 on the file of the first respondent police is quashed as against the petitioner.

01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.Inspector of Police, Samayanallur Police Station, Madurai District.

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.5779 of 2025 01.04.2025 Page No. 4 of 4