Mrs.Sweta Das v. D.Ragupathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.22468 of 2025 Sweta Das ... Petitioner Vs.

D. Regupathy ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to set aside the judgment dated 22.10.2024 passed in C.C.No.697 of 2018 on the file of the XIX Metropolitan Magistrate Court, Allikulam, Chennai and compound the offence under Section 147 of the Negotiable Instruments Act, 1881 based on the memorandum of compromise dated 19.06.2024 and set the petitioner/accused at liberty.

For Petitioner : Mr.R.S.Raveendhren For Respondent : Ms.Alafiya Najmuddin 1/6

O R D E R

The present Criminal Original Petition has been filed seeking to set aside the judgment dated 22.10.2024 passed in C.C.No.697 of 2018 on the file of the XIX Metropolitan Magistrate Court, Allikulam, Chennai and compound the offence under Section 147 of the Negotiable Instruments Act, 1881, based on the memorandum of compromise dated 19.06.2024 and set the petitioner/accused at liberty.

2.

Heard both sides and perused the materials available on record.

3.

Learned counsel appearing for the petitioner submitted that as against loan of Rs.15,00,000/- advanced to him vide two cheques for Rs.8,00,000/- and Rs.7,00,000/- (totally Rs.15,00,000/-), the petitioner has offered to pay Rs.5,60,000/- and the respondent has also accepted the amount and agreed to compromise and settle the issue. 4.

Learned counsel appearing for the respondent submitted that though the cheques were issued for Rs.8,00,000/- and Rs.7,00,000/- (totally Rs.15,00,000/-), the complainant/respondent has agreed and received Rs.5,60,000/- as full and final settlement. He also submitted that the offence itself is compoundable under Section 147 of the Negotiable Instruments Act, 1881.

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5.

Learned counsel appearing for the petitioner as well as for the complainant/respondent submitted that the parties have now amicably settled the issue among themselves. Hence, they seek to quash the proceedings pending against the petitioner. A Joint Compromise Memo to that effect has also been filed.

6.

The petitioner and the complainant/respondent appeared before this Court and were identified by their respective counsel. 7.

On being enquired by this Court, the complainant stated that he has amicably settled the dispute with the petitioner and he is not willing to pursue the proceedings/private complaint and therefore, seeks to quash the same.

8.

In view of the fact that the parties have amicably settled the dispute between themselves and as the offence in question itself is compoundable under Section 147 of the Negotiable Instruments Act, 1881, no useful purpose will be served in continuing with the proceedings. 9.

In view of the above, this Court sets aside the judgment 3/6

dated 22.10.2024 passed in C.C.No.697 of 2018 on the file of the XIX Metropolitan Magistrate Court, Allikulam, Chennai, in exercise of its jurisdiction under Section 482 Cr.P.C./Section 528 BNSS.

10. Accordingly, this Criminal Original Petition stands allowed. Consequently, the connected miscellaneous petition is closed.

11. The Joint Memo of Compromise filed by the petitioner and the respondent for compromising the offence shall form part of the records. 02.01.2026 srm 4/6

To The XIX Metropolitan Magistrate Court, Allikulam, Chennai .

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A.D.JAGADISH CHANDIRA , J.

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