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2025 DAILYLAW 45479 (MAD)

Azhagumalai Kannan v. The State Rep. by the Inspector of Police

CRL OP/11245/2025 · 2025-04-23

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.11245 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.04.2025 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11245 of 2025 1. Azhagumalai Kannan 2. Aravind Krishna 3. Singamuthu @ Asin ... petitioners Vs 1. State Rep. by its, The Inspector of Police, K.G.Chavadi Police Station, Coimbatore City (Cr.No.27 of 2025) 2. Dinesh ... Respondents Criminal Original Petition is filed under Section 528 of BNSS., to call for the records pending on the file of the respondent Police namely Sub Inspector of Police, K.G.Chavadi Police Station in Cr.No.27 of 2025 and quash the same. For petitioners : Mr.M.Nagaraj For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1) 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11245 of 2025 O R D E R This Criminal Original Petition has been filed to quash the FIR in Crime No.27 of 2025 on the file of the first respondent, registered for the offences under Sections 296(b), 115(2), 118(1), 351(3) of BNS of 2023. 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 second respondent/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.11245 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 528 of BNSS, 2023, quashes the FIR in Crime No.27 of 2025 pending trial on the file of the first respondent. 5. In view of the above, the FIR in Crime No.27 of 2025 on the file of the first respondent is hereby quashed. The terms of the Joint Memo of Compromise shall form part and parcel of this order. The petitioners have paid a sum of Rs. 5,000/- (Rupees Five Thousand only) as costs to the Chief Justice Relief Fund, Tamil Nadu and filed a receipt along with a memo. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11245 of 2025 6. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. 23.04.2025 Index:Yes/No Neutral Citation/Yes/No kv To 1. The Inspector of Police, K.G.Chavadi Police Station, Coimbatore City 2. The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11245 of 2025 G.K.ILANTHIRAIYAN, J. kv Crl.O.P.No.11245 of 2025 23.04.2025 5/5 https://www.mhc.tn.gov.in/judis