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Judgment
This Criminal Original Petition has been filed to quash the FIR in Crime No.238 of 2026 on the file of the first respondent, registered for the offences under Sections 137(1)(b), 336(3) and 340(2) of BNS, 2023.
The learned counsel for the petitioners on instructions submits that now the child by name Pranav Sashtik R under the custody of Child Welfare Committte, Kellys, Chennai-10.
Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner 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 and it is 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.
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 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, quashes the FIR in Crime No.238 of 2026 pending investigation on the file of the first respondent.
In view of the above, the FIR in Crime No.238 of 2026 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. Further, the Child Welfare Committte, Kellys, Chennai-10 is directed to hand over the child by name Pranav Sashtik R to the petitioners/A2 and A3 forthwith.
Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.