Karpagam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/11/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P(MD) No.12690 of 2025 Karpagam ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

Crime No.180/2025.

2.Azhwar ... Respondents PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, to call for the records relating to the FIR in Crime No.180 of 2025 on the file of the first respondent dated 02.09.2025 and Quash the same in respect of the petitioner.

For Petitioner : Mr.A.Balaji, Advocate For R1 : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) 1/5

For R2 : Mr.G.Mariappan

ORDER

This petition has been filed to quash the impugned FIR in Crime No.180 of 2025 on the file of the first respondent registered for the offence punishable under Section 316(2) and 318(4) of BNS. 2.The allegation in the F.I.R is that the defacto complainant entered into a sale agreement with the petitioner and paid an amount of Rs.61,58,000/- as advance; that the petitioner refused to register the sale deed as agreed upon; that on repeated requests, the petitioner repaid a sum of Rs.20,00,000/- and was delaying the payment of the remaining advance amount and thus, committed the aforesaid offences. 3.The learned counsel for the petitioner would submit that the allegations only disclose a money dispute and that the allegations would not constitute any of the offences.

4.The learned counsel for the petitioner is justified in his submissions as the F.I.R does not disclose the commission of any of the 2/5

offences alleged. It is a dispute between the vendor and the purchaser and a suit for specific performance of a sale agreement or a request for refund of advance amount is sought to be adjudicated in a police station. 5.This Court prima facie found that the impugned FIR only disclosed a monetary dispute and was inclined to quash the FIR. However, this Court was also of the view that the issue could be settled through mediation. Accordingly, the parties were referred to mediation. It is now reported that the issue has been amicably settled between the petitioner and the defacto complainant. The terms of settlement was reduced into writing on 27.11.2025. The mediation report, along with the settlement agreement, is taken on record.

6. In view of the settlement arrived at between the parties and the fact that the defacto complainant does not wish to pursue the case, this Court is inclined to quash the impugned FIR, not only on the ground of compromise, but also since the allegation only discloses a civil dispute and the suit for specific performance has been converted into an FIR. Accordingly, this Criminal Original Petition is allowed and the impugned 3/5

FIR in Crime No.180 of 2025 on the file of the first respondent is quashed. Consequently, connected miscellaneous petition is closed. 27.11.2025 Index :Yes/No Internet :Yes/No NCC :Yes/No cp TO 1.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN,J CP

ORDER

IN CRL OP(MD) No.15598 of 2025 Date : 27/11/2025 5/5