Amsa @ Amsha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-03-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
1. Amsa @ Amsha
2. Praveenkumar ..Petitioner Vs
1. The Inspector of police, B-1, Siva Kanchi Police Station, Kanchipuram, Kanchipuram district.
2. Boopalan ..Respondents To call for records in STC.No.649 of 2023 pending on the file of the Learned Judicial Magistrate No.1, Kanchipuram and Quash the Final Report as against the Petitioner herein.
For Petitioner :
Mr.A.Saranraj For Respondents :
Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor for R1 Mr.X.Kishore for R2
ORDER
The petitioners/accused in Crime No.430 of 2021 for offence under Sections 294(b) and 323 of IPC on the file of the respondent Police has filed this Criminal Original Petition.
2. The case of the prosecution is that the petitioners were entered the house of the defacto complainant and abused the family members of the defacto complainant and assaulted them stating that the defacto complainant is not able to build a house of his mother. On the complaint of the 2nd respondent, the 1st respondent Police registered an FIR in Crime No.430 of 2021 for offence under Sections 294(B) and 323 of BNS, 2023 against the petitioners. On completion of investigation a charge sheet has been filed before the learned Judicial Magistrate No.I, Kancheepuram District in STC.No.649 of 2023. 3.Learned counsel for the petitioners submits that the petitioners did not involve in any activities as alleged by the 2nd respondent. He further submits that on considering the well-being and future, the 2nd respondent is not willing to proceed further with the complaint registered against the petitioners. Both the petitioners and the 2nd respondent arrived at a compromise and resolved the issue. Hence, he prays for quashing.
4.Learned Additional Public Prosecutor appearing for the 1st respondent Police submitted that the petitioners were entered the house of the defacto complainant and abused the family members of the defacto complainant and assaulted them stating that the defacto complainant is not able to build a house of his mother. On the complaint of the 2nd respondent, the 1st respondent Police registered an FIR in Crime No.430 of 2021 for offence under Sections 294(B)
and 323 of BNS, 2023 against the petitioners. On completion of investigation a charge sheet has been filed before the learned Judicial Magistrate No.I, Kancheepuram District in STC.No.649 of 2023. Pending trial, both the petitioners and the 2nd respondent arrived at a compromise and settled the issues. 5.Considering the submissions and on perusal of materials, it is seen that the case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
6.Today the petitioner and the 2nd respondent appeared before this Court and their identity is confirmed. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The petitioners and the 2nd respondent have filed separate affidavit before this Court and also filed the Joint Compromise Memo. 7.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), 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., quashes the First Information Report on the file of the 1st respondent Police.
8.This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.430 of 2021, on the file of the 1st respondent police, is quashed against the petitioner.
09-03-2026 nl Index: Yes/No Speaking/Non-speaking order To
1. The Inspector of police, B-1, Siva Kanchi Police Station, Kanchipuram, Kanchipuram District.
2. The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
nl 09-03-2026