Parbathbhai v. State of Gujrath), this Page
Case at a glance
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Indian Penal Code, 1860 s. 304(A)
Key paragraphs
- Para 66. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.05.03.2025Index: Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderrtsPage 3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5376 of 2025G.K.ILANTHIRAIYAN, J.rtsTo1.The Sub Inspector of Police, Poonamallee, Chennai.2. The Public Prosecutor, Madras High Court, Chennai. Crl.O.P.No.5376 of 2025and Crl.M.P.No.3483 of…
Judgment
Crl.O.P.No. 5376 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 05.03.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANCrl.O.P.No.5376 of 2025and Crl.M.P.No.3483 of 20251. D.Murali2. C.Murali3. V.Srikanth... PetitionersVs.
The State of Tamil NaduRep by the Sub Inspector of Police, Poonamallee, Chennai.
Sumathi... RespondentsPRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the FIR in Crime No.181 of 2024 pending on the file of the Sub Inspector of Police, Poonamallee Police Station, Chennai, as against the petitioners. For Petitioner: Mr.R.S.Jain Le SadmarFor RespondentsFor R1: Mr.A.Gopinath Government Advocate (Crl. Side)Page 1 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5376 of 2025
O R D E RThis Criminal Original Petition has been filed to quash the FIR in Crime No.181 of 2024 on the file of the first respondent, registered for the offences under Section 304(A) of IPC.2.Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
A Compromise Memo 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. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
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 Page 2 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5376 of 2025 Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, quashes the FIR in Crime No.181 of 2024 pending investigation on the file of the first respondent.
In view of the above, the FIR in Crime No.181 of 2024 on the file of the first respondent, is hereby quashed. The terms of Compromise Memo shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,000/-, (Rupees Two Thousand only) each 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.
Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.05.03.2025Index: Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderrtsPage 3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5376 of 2025G.K.ILANTHIRAIYAN, J.rtsTo1.The Sub Inspector of Police, Poonamallee, Chennai.2. The Public Prosecutor, Madras High Court, Chennai. Crl.O.P.No.5376 of 2025and Crl.M.P.No.3483 of 202505.03.2025Page 4 of 4
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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