Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 39964 (MAD)

C.SURYA v. THE STATE OF TAMILNADU REP BY, THE INSPECTOR OF POLICE

CRL OP/10248/2025 · 2025-04-07

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 10248 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2025 CORAM THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 10248 of 2025 C.Surya S/o.Chandran, 61, Asoth Nagar 1st Street, Aminjikarai, Chennai-600 029. Petitioner(s) Vs 1.The Inspector of Police, P-5, Choolaimedu Police Station, Chennai. Cr.No.362/2024. 2.Hazeena Banu W/o. Aadham Mian, No.27A, Dheiva Sigamani Street, Choolaimedu, Chennai-600 094. Respondent(s) CRL OP No. 10248 of 2025 PRAYER To call for the records in Cr.No.362/2024 on the file of the Inspector of Police, Choolaimedu Police Station, Chennai and quash the proceedings. https://www.mhc.tn.gov.in/judis CRL OP No. 10248 of 2025 CRL OP No. 10248 of 2025 For Petitioner(s): Mr. N.EASWARAN For Respondent(s): Mr. R.VinothRaja, Government Advocate (Crl. Side) for R1 ORDER This Criminal Original Petition has been filed to quash the FIR in Crime No. 362 of 2024 on the file of the first respondent, registered for the offences under Sections 296(b), 115(2), 76, 351 (2) of BNS Act, 2023 and r/w Section 4 of TNPHW Act, 2002. 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 https://www.mhc.tn.gov.in/judis CRL OP No. 10248 of 2025 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 BNSS, 2023, quashes the FIR in Crime No.362 of 2024 pending investigation on the file of the first respondent. 5. In view of the above, the FIR in Crime No.362 of 2024 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 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 to the Registry. https://www.mhc.tn.gov.in/judis CRL OP No. 10248 of 2025 6. Accordingly, the Criminal Original Petition stands allowed. 07-04-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No CRL OP No. 10248 of 2025 To 1.The Inspector of Police, P-5, Choolaimedu Police Station, Chennai. Cr.No.362/2024. 2.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 10248 of 2025 G.K.ILANTHIRAIYAN, J. AT CRL OP No. 10248 of 2025 07-04-2025 https://www.mhc.tn.gov.in/judis