Manojkumar v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Manojkumar S/o.Gajendran, No.9, Sarangapani Street, Sivapoodham, Vanagaram, Chennai -95.

Now at No.9/2, Venkatraman Nagar, Duraisamy Reddy First Street, Korattur, Thiruvallur, TN - 600080.

..Petitioner Vs

1. State Rep. by the Inspector of Police, T4 Maduravoyal Police Station, Chennai, Transferred to The Inspector of Police, W-33, All Women Police Station, Virugambakkam, Chennai.

Crime No.02 of 2023

2. R.S.Amshumathi D/o.R.Sathishbabu, Residing at Castle 222 Flats, D.No.46/09, 25th Street TNHB, Korattur, Chennai - 600 080.

..Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the entire proceedings in C.C.No.743 of 2023, pending before the Learned Judicial Magistrate - II, Poonamallee, and quash the same on joint compromise and thus render justice.

For Petitioner:

M/s.P.Kritika Kamal For Respondents:

Mr.Mohamed Riyaz, Government Advocate (Criminal side) For R1 Mr.M.Govindaraju for S.M.A.Mohammed Faiz Mohideen for R2 ***

O R D E R

The parties seek to quash the final report and the proceedings in C.C.No.743 of 2023 pending on the file of the learned Judicial Magistrate- II, Poonamallee.

2. On perusal of records, it can be seen that the case is for the offences under Sections 498A, 323 and 506(1) of the Indian Penal Code arising out of the matrimonial discard. It is now represented that the parties have resolved their differences between themselves and are parting as friends and taken a decision to file a divorce petition by way of mutual consent.

3. In view thereof, following the dictum of the Hon'ble Supreme Court of India in B.S.Joshi vs. State of Haryana and others1, is a fit case for the exercise of extraordinary jurisdiction under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.

1Reported in (2003) 4 SCC 675

4. Accordingly, the Criminal Original Petition in Crl.O.P.No.16602 of 2026 stands allowed. The final report and the proceedings in C.C.No.743 of 2023 pending before the learned Judicial Magistrate II, Poonamallee stands quashed.

01-07-2026 sts To:

1) The Judicial Magistrate II, Poonamallee, Chennai

2) The Inspector of Police, W-33, All Women Police Station, Virugambakkam, Chennai.

[Crime No.02 of 2023]

3) The Public Prosecutor, High Court of Madras.

D.BHARATHA CHAKRAVARTHY J.

sts Order made in Dated:

01-07-2026