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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 10.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD).No.4816 of 2024

and Crl.M.P(MD).No.3766 of 2024

G.Sujatha ...Petitioner

Vs.

1.The State rep., by

The Inspector of Police,

Othakadai Police Station,

Madurai District.

Crime No.82 of 2024

2.Kavitha ... Respondents

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to

call for the records pertaining to the FIR in Crime No.82 of 2024 on the file of

the first respondent police and quash the same as against the petitioner.

For Petitioner : Mr.Velpradeep

For R1 : Mr.S.Ravi

Additional Public Prosecutor

For R2 : Mr.N.Mohideen Basha

ORDER

Seeking quashment of the First Information Report in Crime No.82 of

2024 on the file of the first respondent police, this criminal original petition is

filed.

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2.The learned counsel for the petitioner submitted that the petitioner

herein is the first accused in Crime No.82 of 2024, which was registered by the

first respondent police at the instance of the second respondent /defacto

complainant for the offences under Sections 294(b), 323, 324 and 506(2) IPC

and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002. The

case of the prosecution is that in a prevailing land dispute between the defacto

complainant and the petitioner, two civil suits in O.S.No.81 of 2022 and O.S.No.

82 of 2022 are pending before the learned VI Additional District Judge, Madurai.

In this regard, a dispute had arisen between the defacto complainant and the

petitioner and a complaint was lodged by the defacto complainant, for which, the

aforesaid First Information Report came to be registered. However, in the

meanwhile, a compromise was arrived at between the petitioner and the defacto

complainant and a cheque for an amount of Rs.25,00,000/- has been drawn in

favour of the defacto complainant, which has duly encashed by the defacto

complainant and the petitioner have buried the hatchet and settled their disputes

among themselves and sought the indulgence of this Court by quashing the first

information report as against the petitioner and another, since allowing criminal

action as against the petitioner will become an abuse of process of law.

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3.The learned counsel for the second respondent fairly conceded that an

amount of Rs.25,00,000/- has been received by way of cheque and the same has

been encashed and they have sorted out their indifferences and civil suit in

O.S.Nos.81 and 82 of 2022, which were pending on the file of VI Additional

District Judge, Madurai, has also been settled out of Court.

4.The learned Government Advocate(Crl.side) submitted that already final

report has been filed in this matter before the learned Judicial Magistrate, Melur

and the same was taken on file in C.C.No.128 of 2024.

5.However, this Court is of the considered view that even if a final report

has already been filed, in a petition seeking quashment of the FIR, this Court, in

exercise of its inherent powers under Section 482 of the Code of Criminal

Procedure, 1973 / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

can quash the FIR as well as the consequential charge sheet. Time and again, the

Hon'ble Supreme Court has held that quashment of first information report, even

after filing of charge sheet is permissible in Ruchi Majoo Vs., Sanjeev Majoo

reported in (2011) 6 SCC 479, Anand Kumar Mohatta Vs., State (Govt of NCT

of Delhi) Home Department reported in (2019) 11 SCC 706 and Abhishek Vs.,

State of Madhya Pradesh reported in 2023 SCC Online SC 1083. In the instant

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case, the question involved is with respect to an indifference between the

petitioner and the defacto complainant pending a civil suit, in which, both the

civil dispute as well as the criminal dispute have