Dhanush @ Dhanush Raj vs /
2024 Latest Caselaw 19282 Mad

Madras High Court

Dhanush @ Dhanush Raj vs / on 4 October, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                            Crl.O.P.No.24792 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       Dated:04.10.2024

                                                          Coram:

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                 Crl.O.P.No.24792 of 2024
                                                           and
                                                 Crl.M.P.No.13898 of 2024

                     1.Dhanush @ Dhanush Raj
                     2.Rohith @ Penikalapati Rohith
                     3.Sudharsan @ Sudharsanam
                     4.Madhan @ Madhan Kumar                               .. Petitioners/
                                                                           Accused No.1 to 4

                                                          /versus/

                     1.State of Tamil Nadu rep.by
                     The Inspector of Police,
                     Maraimalai Nagar Police Station,
                     Chennai.
                     Crime No.407 of 2024                                  ..1st Respondent

                     2.P.Yoga Selvan                                       .. 2nd Respondent/
                                                                           Defacto complainant

                                    Criminal Original Petition has been filed under Section 528 of
                     BNSS to call for the records relating to the impugned FIR in Crime
                     No.407 of 2024, dated 28.08.2024 on the file of the 1st respondent police
                     and quash the same.


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https://www.mhc.tn.gov.in/judis
                                                                            Crl.O.P.No.24792 of 2024

                                  For Petitioners    :Mr.C.Nihil Nandha

                                  For R1             :Mr.K.M.D.Muhilan
                                                      Govt.Advocate(Crl.Side)
                                  For R2             :Mr.Abdul Kareem
                                                     --------
                                                        ORDER

This petition is to quash Crime No.407 of 2024 on the ground

of compromise arrived between the complainant and the accused.

2.The learned Government Advocate (Crl.Side) appearing for

the first respondent submitted that on completion of investigation, final

report filed through e-filing and states that if at all the petitioners want to

compromise the matter, they can appear before the Judicial Magistrate

and get the matter settled either under Probation of Offenders Act, 1958

or invoke the provision of plea bargaining.

3.The learned counsel appearing for the petitioners submitted

that even if the final report filed, in an exceptional case the Court can

invoke its inherent power under Section 528 of BNSS and that has been

reiterated by the Hon'ble Supreme Court in Kailashben Mahendrabhai

Patel and others v. State of Maharashtra and another reported in 2024

https://www.mhc.tn.gov.in/judis

INSC 737.

4. This Court after giving anxious consideration to the

submissions and the judgment of the Hon'ble Supreme Court finds that

the facts and circumstances of this case does not warrant in exercise of

inherent power to quash the First Information Report after the completion

of investigation and filing of final report. If the petitioners so advice,

they can move the Court challenging the final report or as suggested by

the learned Government Advocate (Crl.Side) resort to plea

bargain/compounding whichever is applicable.

5. Accordingly, this Criminal Original Petition is disposed of.

Consequently, connected Miscellaneous Petition is closed.

04.10.2024

Index:yes/no Internet:yes/no ari

To:

https://www.mhc.tn.gov.in/judis

1. The Inspector of Police, Maraimalai Nagar Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

DR.G.JAYACHANDRAN,J.

ari

https://www.mhc.tn.gov.in/judis

and

04.10.2024

https://www.mhc.tn.gov.in/judis