Tamilselvan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.5595 of 2025 Tamilselvan ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Inspector of Police, Virudhunagar West Police Station, Virudhunagar.

Crime No.240 of 2024.

2. Andal ... 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.240 of 2024 on the file of the first respondent police and quash the same.

For petitioner :Mr.H.Vimal Prasad For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.J.Gavin Silvester 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.240 of 2024 dated 28.10.2024 on the file of the first respondent police, for the offences under Section 304(2) of BNS, 2023 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 learned Government Advocate (Crl.Side) for the first respondent would submit that the property was recovered and the petitioner has no previous case. Hence, he has no objection in allowing this petition.

4. 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 she has no objection Page No. 2 of 4

to quash the FIR. A compromise memo, dated 25.03.2025 signed by the parties and their respective counsel, is also filed before this Court.

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

6. Considering the nature of the offences and the petitioner has no previous case and the parties have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed and the First Information Report in Crime No.240 of 2024 dated 28.10.2024 on the file of the first respondent police is quashed. 22.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar.

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.5595 of 2025 22.04.2025 Page No. 4 of 4