Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.10426 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2025 CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10426 of 2025 1.Abibullah 2.Vivek 3.Mathew ... Petitioners Vs. 1.The Inspector of Police, M-1, Madhavaram Police Station, Chennai-110 (crime No.374 of 2022) 2.Saranraj ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in PRC.No.19 of 2022 by the Judicial Magistrate, Madhavaram and quash the same. For Petitioners : Mr.K.Thenrajan For Respondents For R1 : Mr.A.Gopinath, Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis
Crl.O.P.No.10426 of 2025 O R D E R This Criminal Original Petition has been filed to quash the proceedings in PRC.No.19 of 2022 on the file of the Judicial Magistrate, Madhavaram, thereby taken cognizance for the offences under Sections 341, 294(b), 323, 324, 307, 506(ii) of IPC r/w 34 of IPC. 2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3. A Joint Compromise Memo 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 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. Page 2 of 6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.10426 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 PRC.No.19 of 2022 pending trial on the file of the Judicial Magistrate, Madhavaram. 5. In view of the above, the proceedings in PRC.No.19 of 2022 pending trial on the file of the Judicial Magistrate, Madhavaram, is hereby quashed in respect of the petitioners. The terms of the aforesaid Joint Compromise Memo shall form part and parcel of this Order.
The petitioners shall jointly 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 6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.10426 of 2025
6. Accordingly, the Criminal Original Petition stands allowed. 08.04.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok https://www.mhc.tn.gov.in/judis
Crl.O.P.No.10426 of 2025 To
1. Judicial Magistrate, Madhavaram 2.The Inspector of Police, M-1, Madhavaram Police Station, Chennai-110
3. The Public Prosecutor, Madras High Court, Chennai. Page 5 of 6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.10426 of 2025 G.K.ILANTHIRAIYAN, J. lok Crl.O.P.No.10426 of 2025 08.04.2025 https://www.mhc.tn.gov.in/judis