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2025 DAILYLAW 24820 (MAD)

BALAJI v. THE ASSISTANT COMMISSIONER OF POLICE

CRL OP/8299/2024 · 2025-02-24

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl O.P.No.8299 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.02.2025 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.8299 of 2024 1. Balaji 2. Selvi ... Petitioners/ A1 & A2 vs. 1. The Assistant Commissioner of Police, Anna Nagar, Chennai. 2. The Inspector of Police, All Women Police Station, Anna Nagar, Chennai. Crime No.2 of 2020 ..1st & 2nd respondent/Complainant 3. Subasri ..3rd respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the CrPC, to call for the records and quash the proceedings concerned in Crime No.02 of 2020 on the file of the Inspector of Police, All Women Police Station, Anna Nagar, Chennai. For petitioners : Mr.Deva Arul Prakash For R1 : Mr. A Gopinath Government Advocate (Crl.Side) ORDER https://www.mhc.tn.gov.in/judis Crl O.P.No.8299 of 2024 This Criminal Original Petition has been filed to quash the proceedings concerned in Crime No.02 of 2020 on the file of the Inspector of Police, All Women Police Station, Anna Nagar, Chennai thereby taken cognizance for the offences under Sections 417, 376 of the IPC w/r 3(1)(r), 3(1)(w)(i) and 3(2)(v) of the SC/ST (POA) Act, 1989. 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 petitioners 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 and it is 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 proceeding pending, even though, the offences involved https://www.mhc.tn.gov.in/judis Crl O.P.No.8299 of 2024 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceeding in Crime No.02 of 2020 on the file of the Inspector of Police, All Women Police Station, Anna Nagar, Chennai 5. In view of the above, the proceedings concerned in Crime No.02 of 2020 on the file of the Inspector of Police, All Women Police Station, Anna Nagar, Chennai, is hereby quashed as against the petitioners alone. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand only) as costs, to the Chief Justice Relief Fund, Madras High Court, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Page 3 of 4 https://www.mhc.tn.gov.in/judis Crl O.P.No.8299 of 2024 G.K.ILANTHIRAIYAN, J. Vca 6. Accordingly, the Criminal Original Petition stands allowed. 24.02.2025 vca Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order To 1. The Assistant Commissioner of Police, Anna Nagar, Chennai. 2. The Inspector of Police, All Women Police Station, Anna Nagar, Chennai. Crime No.2 of 2020 3. The Public Prosecutor, High Court Madras. Crl.O.P.No.8299 of 2024 https://www.mhc.tn.gov.in/judis