Narayanasamy 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.7200 of 2025 and CRL M.P.(MD) No.5256 of 2025 1.Narayanasamy 2.Balamurugan ... Petitioners Vs.

1.The State of Tamilnadu rep. by The Inspector of Police, Mallanginar Police Station, Virudhunagar.

(Crime No.285 of 2024) 2.Sivalingam ... 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.285 of 2024 on the file of the first respondent and quash the same as against the petitioners concerned. For petitioner :Mr.G.Anto Prince For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) Page No. 1 of 5

For R2 : Mr.S.M.Hameed Anwar *****

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.285 of 2024 dated 30.12.2024 on the file of the first respondent police, for the offences under Sections 296(b), 115(2), 351(2) of BNS @ and 296(b), 115(2), 117(2) and 351(2) of BNS and quash the same as against the petitioners.

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 already they completed the investigation and filed Final Report, but the same is not taken on file by the Trial Court so far.

4. The defacto-complainant and the accused are present and this Page No. 2 of 5

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 21.04.2025 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.Though the Final Report has been filed, since cognizance has not been taken by the Trial Court so far and also the parties have entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo and the submission of the learned Government Advocate (Crl.Side), this petition is allowed and the First Information Report in Crime No.285 of 2024 dated 30.12.2024 on the file of the first respondent police is quashed as against the petitioners alone. Consequently, connected miscellaneous petition is closed. 22.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

To 1.The Inspector of Police, Mallanginar Police Station, Virudhunagar.

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

Page No. 4 of 5

P.DHANABAL,J apd Crl.OP(MD) No.7200 of 2025 22.04.2025 Page No. 5 of 5