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2025 DAILYLAW 38986 (MAD)

V.SHANMUGAM v. THE INSPECTOR OF POLICE

CRL OP/11158/2025 · 2025-04-16

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.11158 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.11158 of 2025 V.Shanmugam ... Petitioner Vs. 1. The Inspector of Police, Lawspet Police Station, Puducherry. Crime No.129 of 2021. 2. Gowri ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to C.C.No.196 of 2022 pending on the file of the learned Judicial Magistrate Court, Mahila Court (Magistrate level), Puducherry and quash the same. For Petitioner : Mr.G.Chandrasekaran For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.11158 of 2025 O R D E R This Criminal Original Petition has been filed to quash the C.C.No.196 of 2022 on the file of the learned Judicial Magistrate, Mahila Court (Magistrate level), Puducherry, thereby taken cognizance for the offences under Sections 354(A) & 509 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 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.11158 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 C.C.No.196 of 2022 pending trial on the file of the learned Judicial Magistrate, Mahila Court (Magistrate level), Puducherry. 5. In view of the above, the proceedings in C.C.No.196 of 2022 on the file of the learned Judicial Magistrate, Mahila Court (Magistrate level), Puducherry, is hereby quashed. The terms of Joint Memo 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, 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 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11158 of 2025 6. Accordingly, the Criminal Original Petition stands allowed. 16.04.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order rts https://www.mhc.tn.gov.in/judis Crl.O.P.No.11158 of 2025 To 1. The Judicial Magistrate, Mahila Court (Magistrate level), Puducherry 2.The Inspector of Police, Lawspet Police Station, Puducherry. 3. The Public Prosecutor, Madras High Court, Chennai. Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11158 of 2025 G.K.ILANTHIRAIYAN, J. rts Crl.O.P.No.11158 of 2025 16.04.2025 https://www.mhc.tn.gov.in/judis