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2025 DAILYLAW 35325 (MAD)

HARISH @ K MUTHUSELVAN v. The State Rep. by the Inspector of Police

CRL OP/11279/2025 · 2025-04-16

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No. 11279 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.04.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11279 of 2025 1. Harish @ K Muthuselvan 2. Stephan @ V.Rakesh 3. Vicky @ P Naresh ..... Petitioners Vs 1.The State Rep. by The Inspector of Police, Aminjikarai police station, Chennai. 2.P.Vignesh Raj ..... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for records relating to Crime No.840 of 2019 on the file of 1st respondent police and quash the same. For Petitioners : Mr.G.Vasudevan For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed to quash the FIR registered in Crime No.840 of 2019 on the file of the first respondent, for the offences under Sections 294(b), 324 & 506(2) of IPC. Page 1 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11279 of 2025 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. All the parties are present and identified by the 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, quashes the FIR in Crime No.840 of 2019 pending on the file of the first respondent. Page 2 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11279 of 2025 5. In view of the above, the FIR in Crime No.840 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 petitioners 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. 16.04.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp To 1.The Inspector of Police, Aminjikarai police station, Chennai. 2. The Public Prosecutor, Madras High Court, Chennai. Page 3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11279 of 2025 G.K.ILANTHIRAIYAN, J. Lpp Crl.O.P.No. 11279 of 2025 16.04.2025 https://www.mhc.tn.gov.in/judis