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2025 DAILYLAW 37022 (MAD)

D.ELAKKIYARAJ v. THE STATE REP.BY, THE INSPECTOR OF POLICE,

CRL OP/8964/2025 · 2025-04-17

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.8964 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.04.2025 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8964 of 2025 and Crl.M.P.No.5948 of 2025 1.D.Elakkiyaraj 2.Anbuselvi 3.Deiveegan 4.Keerthika 5.Saravanaraj ...Petitioners -Vs- 1. The State represented by The Inspector of Police All Women Police Station, Namakkal Namakkal District, Crime No.9 of 2025 2.Indumathi ... Respondents Prayer: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.9 of 2025 on the file of the 1st respondent and quash the same. For Petitioner(s): Mr.C.Prabhu For Respondent(s): A.Gopinath for R1 Government Advocate(Crl. Side) Mr.P.N.Vignesh for R2 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8964 of 2025 ORDER This Criminal Original Petition has been filed to quash the FIR in Crime No. 9 of 2025 on the file of the first respondent, registered for the offences under Sections 417, 498(A),506(1), 406 of IPC and 3(1), 4 of Dowry Prohibition Act, 1961. 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 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. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8964 of 2025 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the FIR in Crime No. 9 of 2025 pending investigation on the file of the first respondent. 5. In view of the above, the FIR in Crime No. 9 of 2025 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.10,000/-(Rupees Ten 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. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8964 of 2025 6. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 17.04.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order nr To 1.The Inspector of Police All Women Police Station, Namakkal Namakkal District, 2. The Public Prosecutor, Madras High Court, Chennai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8964 of 2025 G.K.ILANTHIRAIYAN. J, nr Crl.O.P.No.8964 of 2025 and Crl.M.P.No.5948 of 2025 17.04.2025 5/5 https://www.mhc.tn.gov.in/judis