Prathap Suriya v. State Rep.by, The Inspector of Police,
CRL OP/13399/2025 · 2025-04-29
G K Ilanthiraiyan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 55080 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55080 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No. 13399 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.04.2025 CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13399 of 2025 Prathap Suriya ... Petitioner Vs. 1.State rep by, Inspector of Police, Ulundhurpet Police Station, Kallakurichi District. 2.Karthick ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records in C.C.No.34 of 2025 on the file of the learned Judicial Magistrate -I and II at Ulundurpet, Kallakurichi District. For Petitioner : Mr.K.Muruganandham For R1 : Mr.A.Gopinath, Government Advocate (crl.side) https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 13399 of 2025 O R D E R This Criminal Original Petition has been filed to quash the proceedings in C.C.No.34 of 2025 on the file of the learned Judicial Magistrate -I and II at Ulundurpet, Kallakurichi District. 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 second respondent 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 https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 13399 of 2025 in keeping the proceedings 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 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceedings in C.C.No.34 of 2025 pending trial on the file of the learned Judicial Magistrate -I and II at Ulundurpet, Kallakurichi District. 5. In view of the above, the proceedings in C.C.No.34 of 2025 pending on the file of the learned Judicial Magistrate -I and II at Ulundurpet, Kallakurichi District, is hereby quashed as against the petitioner. 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) in total as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a copy of this order 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. 13399 of 2025
6. Accordingly, the Criminal Original Petition stands allowed. 29.04.2025 Neutral citation : Yes/No Speaking/non-speaking order shk To https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 13399 of 2025
1. The Judicial Magistrate -I and II at Ulundurpet, Kallakurichi District. 2.The Inspector of Police, Ulundhurpet Police Station, Kallakurichi District. 3. The Public Prosecutor, High Court, Madras. G.K.ILANTHIRAIYAN, J. shk https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 13399 of 2025 Crl.O.P.No.13399 of 2025 29.04.2025 https://www.mhc.tn.gov.in/judis