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[Cites 7, Cited by 0]

Madras High Court

R.Purushothaman vs State Rep By on 25 March, 2025

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                                                 Crl.O.P.No. 8709 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 25.03.2025

                                                               CORAM:

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                   Crl.O.P.No. 8709 of 2025

                     R.Purushothaman                                              .....      Petitioner

                                                                    Vs

                     1.State Rep by
                     Inspector of Police,
                     C1 Police Station,
                     Sriperumbudur,
                     Kancheepuram

                     2.K.Vinoth Kumar                                             .....      Respondents

                     PRAYER: Criminal Original Petition is filed under Section 528 of the
                     Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in
                     Crime No.406 of 2019 on the file of the first respondent and quash the
                     same.
                                        For Petitioner         : Mr.R.Radha Pandian

                                        For R1                 : Mr.A.Gopinath
                                                                 Government Advocate (Crl.Side)

                                                              ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.406 of 2019 on the file of the first respondent, registered for Page 1 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 01:28:08 pm ) Crl.O.P.No. 8709 of 2025 the offences under Sections 147, 148, 294(b), 323, 324, 307 and 506(2) of IPC.

2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner and the defacto complainant. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 528 of BNS, 2023, Page 2 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 01:28:08 pm ) Crl.O.P.No. 8709 of 2025 quashes the FIR in Crime No.406 of 2019 pending on the file of the first respondent.

5. In view of the above, the FIR in Crime No.406 of 2019 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five Thousand only) as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6. Accordingly, the Criminal Original Petition stands allowed.




                                                                                                     25.03.2025
                     Index            : Yes/No
                     Neutral citation : Yes/No
                     Speaking/non-speaking order
                     Lpp




                     Page 3 of 4


https://www.mhc.tn.gov.in/judis                   ( Uploaded on: 04/04/2025 01:28:08 pm )
                                                                                         Crl.O.P.No. 8709 of 2025

                                                                              G.K.ILANTHIRAIYAN, J.

                                                                                                            Lpp

                     To

                     1. Inspector of Police,
                     C1 Police Station,
                     Sriperumbudur,
                     Kancheepuram.

                     2. The Public Prosecutor,
                     Madras High Court,
                     Chennai.




                                                                                  Crl.O.P.No. 8709 of 2025




                                                                                                  25.03.2025

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https://www.mhc.tn.gov.in/judis                ( Uploaded on: 04/04/2025 01:28:08 pm )