← Library
Madras High CourtCRL OP/7067/2026allowed

V.Ganeshmoorthy v. State Of Tamilnadu Rep. By

2026-03-27Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR V.Ganeshmoorthy ..Petitioner(s) Vs

1. State of Tamilnadu Rep. by Inspector of Police (Crime), T-6, Avadi Police Station, Avadi, Chennai.

Crime No.850/2024

2. Balraj ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 528 BNSS, pleased to call for the entire records relating to the final report filed in Cr.No.850/2024 on the file of the Inspector of Police, (Crime) T-6, Avadi Police Station, Avadi, Chennai and quash the same.

For Petitioner(s):

Mr.R.S.Mangala Kumar For Respondent(s):

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor Assisted by M/s.Harshana.T for R1 Mr.S.V.Badriah for R2

ORDER

The Criminal Original Petition was filed to quash the proceedings in Cr.No.850 of 2024 registered for the offence under Section 420 I.P.C, on the file of 1st respondent Police Station.

2.The case of the prosecution is that the petitioner is a Doctor and a family friend of the defacto-complainant. The defacto-complainant's son and his friend's son completed BBA courses and secured admission for MBA in Christ College in Delhi and in Pune respectively. Since, both students found it difficult to relocate for their studies, the defacto-complainant approached the petitioner to facilitate a transfer of their admissions to Christ College, Bangalore. For which, petitioner received a sum of Rs.3,00,000/- from the defacto-complainant. However, the petitioner failed to arrange any transfer for the wards. Hence, a complaint lodged and case registered. 3.Learned counsel for the petitioner submits that the petitioner 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 petitioner. Both the petitioner and the 2nd respondent arrived at a compromise and resolve the issue. as agreed upon a settlement of Rs.3,10,000/- arrived, the petitioner already paid a sum of Rs.2,00,000/- to the defacto-complainant. Further a sum of Rs.1,10,000/- paid by way of Demand draft dated 10.02.2026 bearing No.823922. Hence, he prays for quashing.

4.Learned Additional Public Prosecutor appearing for the 1st respondent Police submitted that based on the complaint given by the defacto-complainant a case has been registered in Cr.No.850 of 2024 registered for the offence under Section 420 of I.P.C. Now the investigation is in progress. In the meanwhile, both the petitioner 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 in person and their identity is confirmed by Ramani, Inspector of Police attached to the 1st respondent Police Station . This Court enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves independently. The petitioner and the 2nd respondent filed Joint Compromise Memo dated 19.02.2026 before this Court. 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 case in Crime No.850 of 2024, on the file of the 1st respondent police, is quashed against the petitioner. Consequently, connected Criminal Miscellaneous Petition is closed.

27-03-2026 ep

To

1. State of Tamilnadu Rep. by Inspector of Police (Crime), T-6, Avadi Police Station, Avadi, Chennai.

Crime No.850/2024

2. The Public Prosecutor High Court of Madras.

M.NIRMAL KUMAR, J.

ep 27-03-2026