Karuppusamy v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2026
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Karuppusamy, M/A.46 Years, S/o.Subramaniyam, No.1/98, Kurunjeri, Tiruppur District, Tiruppur-642 154.
... Petitioner vs.
1.State, represented by The Inspector of Police, All Women Police Station, Udumalpet, Tiruppur District, (Crime No.5 of 2026).
2.Kaviya, D/o.Murugesh, No.23/262, Malaiyandipattinam, Kuralkuttai Post, Udumalpet Taluk, Tiruppur District.
... Respondents PRAYER: Criminal Original Petitions filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the FIR in Crime No.6 of 2026 on the file of 1st respondent Police and to quash the same.
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For Petitioner : Mr.S.N.Arunkumar For R1 : Mr.R.Rajasekaran Government Advocate (Crl. Side) For R2 : Mr.P.Vignesh
ORDER
The petitioner/accused in Crime No.5 of 2026 for offence under Section 75(1)(ii) of BNS, 2023, on the file of the 1st respondent Police, has filed this Quash Petition.
2.Case of the prosecution is that the 2nd respondent was an employee at KK Fruits and Vegetables Shop owned by the petitioner. The petitioner exhibited under proximity and unwarranted generosity toward the 2nd respondent. Further, the petitioner made video calls involving obscene and objectionable comments while demanding photos of the 2nd respondent from various angles. The petitioner physically molested the 2nd respondent and coerced her to upload photos if she has not yielded to his demands. On the complaint of the 2nd respondent, the 1st respondent Police registered FIR in Crime No.5 of 2026 for offence under Section 75(1)(ii) of BNS, 2023 against the petitioner. Page No.2 of 16
3.Learned counsel for the petitioner submitted that earlier, the 2nd respondent misappropriated a sum of Rs.12 lakhs from the petitioner's fruit shop, for which the petitioner lodged a complaint before the Inspector of Police, Udumalpet Police Station, on 26.01.2026, and CSR No.122 of 2026 assigned on 01.02.2026. In the complaint, the petitioner made a specific allegation regarding the misappropriation of Rs.12 lakhs. Out of the said amount, Rs.10 lakhs returned and a sum of Rs.2 lakhs remained due. In the meanwhile, the present case registered on 31.01.2026 and thereafter, the petitioner agreed not to pursue the complaint dated 01.02.2026 any further. Now, the petitioner and the 2nd respondent entered into understanding, and the petitioner agreed to return Rs.10 lakhs. On 24.03.2026, a sum of Rs.
4 lakhs transferred to the account of the 2nd respondent and, on 08.04.2026, a demand draft for Rs.6 lakhs taken in the name of the 2nd respondent, handed over before this Court on 10.04.2026 and, in turn, handed over to the 2nd respondent. He further submitted that the 2nd respondent is a graduate and that she admitted receipt of Rs.10 lakhs from the petitioner and undertook to withdraw the complaint in Crime No.5 of 2026. Page No.
4.Learned Government Advocate (Criminal Side) appearing for the 1st respondent Police submitted that, on the complaint of the 2nd respondent, FIR registered against the petitioner in Crime No.5 of 2026. The 2nd respondent is a B.Sc. (IT) graduate and joined the petitioner's fruit shop as a sales representative in April 2025. During January 2026, she complained that the petitioner had been sending WhatsApp messages containing objectionable photographs and also making advances towards her, which she refused, and thereafter lodged the complaint. He further submitted that the mobile phone of the 2nd respondent seized and, from it, photographs of the petitioner and the 2nd respondent, as well as other chats, recovered, but no objectionable photographs found. He fairly submitted that the petitioner's mobile phone not seized in this case and the investigation is still pending.
5.The 2nd respondent appeared before this Court and produced the Agreement, dated 24.03.2026, Joint Compromise Memo dated 10.04.2026 and proof for transferring Rs.10 lakhs to the 2nd respondent and submitted that the issue resolved between her and the petitioner and she is not inclined to proceed further with the complaint. This Court Page No.4 of 16
interacted with the petitioner and 2nd respondent. Both agreed the issue resolved between them. Scanned reproduction of the Agreement, dated 24.03.2026, Joint Compromise Memo dated 10.04.2026 and proof for transferring Rs.10 lakhs are as follows:
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6.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., is inclined to quash the FIR. 7.In the result, this Criminal Original Petition is allowed and the FIR in Crime No.5 of 2026 dated 31.01.2026 on the file of the 1st respondent Police is quashed against the petitioner. 12.06.2026 Index: Yes/No Speaking Order/Non-Speaking Order vv2 Page No.15 of 16
M.NIRMAL KUMAR, J.
vv2 To 1.The Inspector of Police, All Women Police Station, Udumalpet, Tiruppur District.
2.The Public Prosecutor, Madras High Court.
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