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Madras High CourtCRL OP/14973/2026allowed

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

2026-06-12Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2026 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Gopi .. Petitioner

Versus

1. State Rep. By The Inspector of Police, T6 Avadi Police Station, Avadi, Chennai.

(Crime No.815 of 2024)

2. Indira .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to FIR in Crime No.815 of 2024 on the file of the first respondent Police and quash the same in view of the compromise arrived at between the petitioner and the second respondent/de facto complainant.

For Petitioner : Mr.Nirmal Kumar Sharma A For Respondents : Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side), for R1 : Ms.A.Gunaselvi, for R2 1/6

ORDER

The petitioner, who is the accused in Crime No.815 of 2024 dated 26.10.2024 for offences under Sections 126(2), 296(b), 115(2), 118(1), 324(4), 351(3) of the B.N.S, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 on the file of the first respondent Police, has filed this Criminal Original Petition on the ground of compromise.

2. The case of the petitioner is that the second respondent is residing in her residence for the past 10 years. She had rented out one of the two portions of her house to one Durga and her family and another one for fourth North Indian persons. Usually, in the neighbouring street, some people used to create problems in a drunken mode. On 26.10.2024, at around 2.00 A.M, the petitioner and two more persons were sitting near the second respondent's house and consuming alcohol. At that time, when the north indian persons, residing at the house of the second respondent's house, left the house to go to their native, the petitioner and two others waylaid them, abused them and threatened them. On hearing the quarrel, when the second respondent came out of her house, the petitioner and 2/6

others attacked the second respondent with an iron rod and damaged the properties worth about Rs.50,000/-. On the complaint of the second respondent, the first respondent Police registered F.I.R in Crime No.815 of 2024 for offences under Sections 126(2), 296(b), 115(2), 118(1), 324(4), 351(3) of the B.N.S, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 against the petitioners.

3. The case is at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. Today, the petitioners and the second respondent appeared before this Court and their identity is confirmed by Mr.K.Balakrishnan, Special Sub-Inspector of Police attached to the first respondent Police Station. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. Now they are not willing to further proceed with the case and filed an affidavit to that effect. The petitioner and the second respondent have filed separate affidavit before this Court.

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5. 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 Supreme 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 F.I.R.

6. This Criminal Original Petition stands allowed and as a sequel, the F.I.R in Crime No.815 of 2024 dated 26.10.2024 on the file of the first respondent Police is quashed against the petitioner. 12.06.2026 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

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2. The Inspector of Police, T6 Avadi Police Station, Avadi, Chennai.

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M.NIRMAL KUMAR, J.

grs 12.06.2026 6/6