Madras High CourtCRL OP/11031/2026allowed

D.Kuppan v. The State Rep By, The Inspector Of Police

2026-04-29Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and CRL MP No. 7803 of 2026

1. D.Kuppan

2. Ramesh

3. Sathishkumar

4. J.Abraham Reagan ..Petitioners Vs

1. The State Rep By, The Inspector of Police V5, Thirumangalam Police Station, Chennai.

2. Bharath Chithan ..Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for the records and quash the FIR in Crime No.246 of 2026 pending on the file of the 1st Respondent.

For Petitioners:

Mr. T.K.S. Gandhi For Respondents:

Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor assisted by Ms. T.Harshana for R1 Mr. S. Vivekananthan for R2

O R D E R

The petitioners /accused in Crime No.246 of 2026 for offences under Sections 296(b), 118(1) and 351(3) of Bharatiya Nyaya Sanhita, 2023 on the file of the 1st respondent Police has filed this Criminal Original Petition.

2. The case of the prosecution is that due to a previous enmity, a wordy quarrel arose between the accused persons and the defacto complainant on 05.04.2026, during which the accused allegedly attacked the defacto complainant and caused injuries. Based on the complaint given by the defacto complainant, the 1st respondent police registered a case in Crime No.246 of 2026 for the offences under Sections 296(b), 118(1) and 351(3) of BNS, 2023 against the petitioners.

3. Learned counsel for the petitioners submits that the petitioner did not involve in any activities as alleged by the 2nd respondent and they did not use filthy language or physical violence against 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 on 05.04.2026, due to previous enmity, the petitioners picked up a quarrel with the defacto complainant using filthy language. Thereafter, the petitioners allegedly assaulted the defacto complainant. On the complaint of the 2nd respondent, the 1st respondent Police registered an FIR in Crime No.246 of 2026 for offences under Sections 296(b), 118 and 351(3) of BNS, 2023 against the petitioners. Now the investigation is in progress. In the meantime, 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 petitioners and the 2nd respondent appeared before this Court and their identity is confirmed by Ms.K.Devi, Woman Special Sub-Inspector of Police attached to the 1st respondent Police Station. 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. 246 of 2026, on the file of the 1st respondent police, is quashed against the petitioners. Consequently, connected Criminal Miscellaneous Petition is closed.

29-04-2026 AT To 1.The Inspector of Police, V5, Thirumangalam Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

AT CRL OP No. 11031 of 2026 and CRL MP No. 7803 of 2026 29-04-2026