Akash v. The State Rep by the Inspector of Police

O R D E R The petitioner, who is arrayed as the accused in C.C.No.882 of 2025, facing trial for offences under Sections 296(b), 118(1) and 351(3) of the BNS, 2023 on the file of the Judicial Magistrate No.II, Alandur, has filed this Criminal Original Petition. Page2 of 4

¶2The case of the prosecution is that the petitioner was running a briyani shop in the name and style of BROS Briyani Shop, where the defacto complainant used to regularly purchase briyani. On 14.05.2025, when the defacto complainant visited the shop and asked for bread halwa, he was informed by the owner that he had to pay Rs.40/- for the same. Though the defacto complainant stated that he was a regular customer, the petitioner allegedly refused to provide the bread halwa free of cost. It is further alleged that following a wordy quarrel, the petitioner attacked the defacto complainant, causing injuries, due to which he was admitted to a Government Hospital for treatment. Based on the complaint, the 1st respondent registered a case in Crime No.262 of 2025 for the offences under Sections 296(b), 118(1) and 351(3) of the BNS. On completion of the investigation, the 1st respondent Police filed a charge sheet before the trial Court, listing 6 witnesses and the relevant documents.

¶3Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent.

¶4The case is at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. Page3 of 4

¶5Today the petitioner and the 2nd respondent appeared before this Court and their identities were confirmed by the 1st respondent police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The petitioner and the 2nd respondent have filed separate affidavits before this Court and have also filed a Joint Compromise Memo.

¶6Under 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), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., is inclined to quash the proceedings in C.C.No.882 of 2025 on the file of the Judicial Magistrate No.II, Alandur.

¶7This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.882 of 2025 on the file of the Judicial Magistrate No.II, Alandur is quashed against the petitioner. 29-04-2026 AT Page4 of 4

M.NIRMAL KUMAR, J. AT To

1.The Judicial Magistrate No.II, Alandur.

2.The Inspector of Police, S-8, Adambakkam Police Station, St. Thomas Mount, Chennai.

3.The Public Prosecutor, High Court of Madras. 29-04-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Akash ..Petitioner Vs 1. The State Rep by The Inspector of Police S-8, Adambakkam Police Station, St. Thomas Mount, Chennai. Crime No.262/2025 2. Prabhu ..Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for the records in C.C. No.882 of 2025 on the file of learned II Judicial Magistrate Court at Alandur. For Petitioner: Mr. K. Nivesh Kumar For Respondents: Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor for R1