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2025 DAILYLAW 49772 (MAD)

Sudhagar v. The State by

CRL OP/11747/2025 · 2025-04-21

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.11747 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.04.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11747 of 2025 and Crl.M.P.No.7823 of 2025 1. Sudhagar 2. Naveen 3. Gopinath @ Gopi 4. Neethi 5. Jayasurya ... Petitioners Vs. 1. The State by Inspector of Police, Chengam Police Station, Tiruvannamalai District. 2. Abshar ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to S.C.No.18 of 2024 on the file of the Subordinate Court, Chengam, quash the same. For Petitioners : Mr.A.Saravanan For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.11747 of 2025 ORDER This Criminal Original Petition has been filed to quash the proceeding in S.C.No.18 of 2024 on the file of the Subordinate Court, Chengam. 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. 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 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11747 of 2025 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 S.C.No.18 of 2024 on the file of the Subordinate Court, Chengam. 5. In view of the above, the proceedings in S.C.No.18 of 2024 on the file of the Subordinate Court, Chengam, is hereby quashed as against the petitioners. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall jointly 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 in the Registry. 6. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected Miscellaneous petition is closed. 21.04.2025 (1/3) Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis Crl.O.P.No.11747 of 2025 G.K.ILANTHIRAIYAN, J. mn To 1. The Subordinate Court, Chengam. 2. The Inspector of Police, Chengam Police Station, Tiruvannamalai District. 3. The Public Prosecutor, Madras High Court, Chennai. Crl.O.P.No.11747 of 2025 21.04.2025 https://www.mhc.tn.gov.in/judis