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Madras High CourtCRL OP/33596/2025allowed

Gundu Naveen v. The State Rep By, The Inspector Of Police

2026-06-30Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2026 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.No.23468 of 2025

1. Gundu Naveen

2. Gundu Appa Rao

3. Thanusha .. Petitioners

Versus

1. State of Tamilnadu, Represented by the Inspector of Police, All Woman Police Station, Villiwakkam, Chennai.

(Crime No.17 of 2024)

2. Hemamalini .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023 to quash the First Information Report in Crime No.17 of 2024 on the file of the 1st respondent Police.

For Petitioners : Mr.V.Vijayakumar For Respondents : Mr.M.Mohamed Riyaz, Government Advocate (Criminal Side), for R1 : Mr.C.Sivanesan, for R2 1/4

ORDER

The prayer in this Criminal Original Petition is to quash the First Information Report in Crime No.17 of 2024 on the file of the first respondent Police.

2. When the matter is taken up for hearing, both the wife / de facto complainant and the first accused / husband are present before this Court. They settled their issue before the Mediation Centre, wherein, they have agreed to mutually dissolve their marriage by filing a petition under Section 13B of the Hindu Marriage Act, 1955.

3. Considering that the offences are under Section 85 of B.N.S, arising out of the marital discord, in view of the dictum of the Hon'ble Supreme Court of India in the case of B.S.Joshi and Ors. Vs. State of Haryana and Ors.1, this is a fit case for exercising the extraordinary jurisdiction of this Court under 482 of the Code of Criminal Procedure.

4. Recording the settlement entered into between the parties in the Mediation, this Criminal Original Petition is allowed on the following (2003) 4 SCC 675 2/4

terms:- (i) The contents of the joint compromise memo, filed on behalf of the parties stands recorded;

(ii) The First Information Report in Crime No.17 of 2024 on the file of the first respondent, Inspector of Police, All woman Police Station, Villiwakkam, Chennai, stands quashed;

(iii) Consequently, connected miscellaneous petition is closed. 30.06.2026 : no grs To

1. The Inspector of Police, All Woman Police Station, Villiwakkam, Chennai.

2. The Public Prosecutor, High Court of Madras.

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D.BHARATHA CHAKRAVARTHY, J.

grs and Crl.M.P.No.23468 of 2025 30.06.2026 4/4