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2025 DAILYLAW 14093 (MAD)

K.BALAJI v. THE STATE REP.BY, THE INSPECTOR OF POLICE,

CRL OP/6539/2025 · 2025-03-06

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.6539 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6539 of 2025 K.Balaji ... Petitioner Vs. 1. The State Rep.By, The Inspector of Police, All Women Police Station, Madipakkam, Chennai. 2. C.Harini ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pending on the file of the learned Vth Additional Magila Court (Judicial Magisterial Level), Alanthur, Kancheepuram District in CC.No.487/2020 and quash the Criminal proceeding. For Petitioner : Mr.E.Kannadasan For R1 : M/s J.R.Archana Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.6539 of 2025 ORDER This Criminal Original Petition has been filed to quash the proceeding in CC.No.487 of 2020 on the file of the Vth Additional Magila Court (Judicial Magisterial Level), Alanthur, Kancheepuram District. 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 and also by their respective counsel. 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. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6539 of 2025 4. Under such circumstances, no useful purpose will be served in keeping the proceeding 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 BNSS, 2023, quashes the proceeding in CC.No.487 of 2020 on the file of the Vth Additional Magila Court (Judicial Magisterial Level), Alanthur, Kancheepuram District. 5. In view of the above, the proceedings in CC.No.487 of 2020 on the file of the Vth Additional Magila Court (Judicial Magisterial Level), Alanthur, Kancheepuram District, is hereby quashed as against the petitioner. The terms of Joint Memo of Compromise dated 14.02.2025 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. Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6539 of 2025 6. Accordingly, the Criminal Original Petition stands allowed. 06.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis Crl.O.P.No.6539 of 2025 To 1. The Vth Additional Magila Court (Judicial Magisterial Level), Alanthur, Kancheepuram District 2.The Inspector of Police, All Women Police Station, Madipakkam, Chennai. 3. The Public Prosecutor, Madras High Court, Chennai. https://www.mhc.tn.gov.in/judis Crl.O.P.No.6539 of 2025 G.K.ILANTHIRAIYAN, J. mn Crl.O.P.No.6539 of 2025 06.03.2025 https://www.mhc.tn.gov.in/judis