S.Bharath Kumar v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2026
CORAM
THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl. O.P. No. 8265 of 2026 S. Bharath Kumar ..Petitioner Vs.
1.
The State rep. by The Inspector of Police, CCD-I, Chennai East, Chennai - 600 031.
Crime no. 9/2025.
2.
Indian Council of Medical Research, rep.by its Senior Administration Officer, Mr. Gopakumar, ICMR-NIRT, No.1, Sathyamoorthy Road, Chetpet, Chennai - 600 031.
..Respondents Prayer:
Criminal Original Petition filed under Section 528 of BNSS to call for the records in connection with Crime No. 9 of 2025 on the file of the 1 st respondent Police in view of the compromise arrived at between the parties. For Petitioner ::
Mr.P. Muthamizh Selvakumar For Respondents ::
Mr.Leonoard Arul Joseph Selvam Addl. Public Prosecutor for R1 1\12
assisted by Harshana T.
O R D E R
The petitioner/accused in Crime No. 9 of 2025 registered for the offences under Sections 406, 420 IPC and 66D of Information Technology (Amendment) Act, 2008 has filed this quash petition. 2.
The de facto complainant/the Senior Administrative Officer of 2nd respondent Institution lodged a complaint that there was unauthorised transaction using HPCL Drive Track Plus Account and there was misuse of funds using the name of the project titled ' National Tuberculosis Prevalence Survey 2019-21' by the accused. As per the complaint, the 2nd respondent Institution had utilised the services of HPCL Drive Track Plus Account for consumption of diesel for 25 mobile X-ray buses and associated generators. To facilitate cashless transaction nationwide, funds were transferred from NIRT account to this HPCL Drive Track Plus Account. The project teams used to refuel the vehicles using the HPCL card linked with Account No.2000443920 with transaction alerts sent to the project phone number on as and when needed basis. After completion 2\12
of the project in September, 2021, all cards were blocked and refund of the remaining balance amount of Rs.4,77,171/- was requested. However, the it was informed that HPCL does not have an option to resend the funds from the HPCL account and that the project phone number has been terminated. Hence, the 2nd respondent Institution decided to use the balance amount available for their future project. Later, it was found that an unauthorised person had accessed the account and utilised 6012.99 litres of diesel worth Rs. 5,66,547.12/- at Perry Agencies in Guindy on 30th September, 2022 to purchase diesel using an additional linked mobile number without authorisation of the de facto complainant and therefore, necessary action was requested to be taken against the person responsible for this unauthorised addition of new mobile number and unauthorised transaction from the Account No.2000443920. As it was found that the petitioner, who was the Computer Operator, had committed the offence, the case came to be registered against him.
3.
Learned counsel for the petitioner would submit that the petitioner is an outsourced staff employed on a temporary basis to operate 3\12
the computers. Due to oversight, the amount was transferred from the account of the de facto complainant to an Agency and later, when the same was found, it was rectified and the amount was re-transferred to the account of the de facto complainant. Now, the de facto complainant has come forward to withdraw the complaint.
4.
Learned Additional Public Prosecutor submitted that on the complaint of the de facto complainant, a case has been registered and the investigation is in progress. He further submitted that the amount, which was transferred from the de facto complainant's account to one Perry Agencies has now been retransferred and the entire amount of Rs.5,66,547/- has been credited to the account of the de facto complainant and no loss has been caused to the de facto complainant.
5.
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. Hence, they seek to quash the proceedings pending against the petitioner.
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6.
The parties appeared before this Court and were identified by Mr.V. Arumugam, SSI, CCPS, East Zone.
7.
The affidavits dated 16.03.2026 have been filed by the respective parties stating that the 2nd respondent has been settled for a sum of Rs.5,66,547/- by the petitioner; that the 2nd respondent accepted the same as full and final settlement and that both the petitioner and the 2nd respondent have voluntarily agreed to settle all their disputes. 8.
The Joint Memorandum of Compromise dated 16.03.2026 entered between the parties is scanned and reproduced below: 5\12
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9.
Under such circumstances, no useful purpose will be served in keeping the First Information Report pending and even though, the offence under Section 66D of Information Technology (Amendment) Act involved is 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 in Crime No. 9 of 2025 on the file of the 1st respondent Police.
10. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No. 9 of 2025 on the file of the 1st respondent Police is quashed.
11. The affidavits and the Joint Memo of Compromise filed by the petitioner and the 2nd respondent for compromising the offences shall form part of the records.
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To 1.
The Inspector of Police, CCD-I, Chennai East, Chennai - 600 031.
Crime no. 9/2025.
2.
Indian Council of Medical Research, rep.by its Senior Administration Officer, Mr. Gopakumar, ICMR-NIRT, No.1, Sathyamoorthy Road, Chetpet, Chennai - 600 031.
3.
The Public Prosecutor, High Court, Madras.
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M. NIRMAL KUMAR,J.
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