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2026 Supreme(Online)(Mad) 38502

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Thariq Mohammed – Appellant
Versus
State Rep. by Inspector of Police, W-6, Semmancherry All Women Police Station – Respondent
Criminal Original Petition | Crime No.26 of 2025



Advocates:
For the Petitioner(s): Mr.A.P.Sathyamurthy
For Respondent(s):Mr.R.Vinoth Raja, Government Advocate (Crl.Side) for R1

Non-compoundable offences quashed under S.482 Cr.P.C. post-voluntary compromise, following Supreme Court guidelines.

Headnote:The petition under Section 528 BNSS, 2023 seeks to quash FIR in Crime No.26 of 2025 for offences under Sections 69 and 79 of Bharatiya Nyaya Sanhita, alleging a consensual relationship that turned sour leading to refusal of marriage and complaint of cheating. The court noted the parties' prior live-in arrangement, pregnancy termination, and subsequent compromise via mediation. The court found the settlement voluntary and no continued purpose in prosecution. The primary issue was whether the non-compoundable offences under Sections 69 and 79 BNS could be quashed post-compromise. Relying on Supreme Court guidelines in Parbatbhai Aahir (2017) 9 SCC 641 and State of Madhya Pradesh v. Dhruv Gurjar (2019) 2 MLJ Crl 10, the court exercised inherent powers under Section 482 Cr.P.C. to quash proceedings where parties amicably settled, despite non-compoundable nature. The Criminal Original Petition was allowed, quashing the FIR and investigation in Crime No.26 of 2025.

Table of Content
1. fir quash petition based on consensual relationship allegations. (Para 1 , 2)
2. petitioner's defence of love affair and compromise. (Para 3)
3. parties' amicable settlement verified by court. (Para 4 , 5)
4. quashing non-compoundable offences post-compromise under s.482 cr.p.c. (Para 6 , 7)

ORDER

This petition has been filed to quash the FIR in Crime No.26 of 2025 pending on the file of the 1st respondent

2. The case of the prosecution is that the second respondent was working at Conserve Solutions Company under the petitioner for a period of two years, during which time they became acquainted with each other. In January 2021, their friendship developed into a close relationship, which subsequently became physical. They travelled to several places together and engaged in a physical relationship on multiple occasions. Upon learning of this relationship, the parents of the second respondent raised objections. Thereafter, the petitioner went to Trichy, where the second respondent was pursuing her higher studies. It is alleged that the petitioner and the second respondent lived together for approximately eight months as husband and wife. During this period, the second respondent became pregnant and subsequently underwent a medical termination of pregnancy at a hospital. It is further alleged that the second respondent converted to Muslim and changed her name for the purpose of marrying the petitioner. However, the petitioner, later yielding to family pressure, refused to marry the second respondent, thereby allegedly cheating her. Consequently, the de facto complainant lodged a complaint against the petitioner, and an FIR was registered in Crime No. 26 of 2025 for offences punishable under Sections 69 and 79 of the Bharatiya Nyaya Sanhita.

3. The learned counsel for the petitioner submitted that the petitioner is a law abiding person and he has not committed any offence as alleged in the FIR. The petitioner and the defacto complainant had a love affair. Due to subsequent misunderstandings, the above complaint came to be lodged against the petitioner. It is further submitted that pending this case, the matter was referred to mediation centre. Now, after the intervention of mediation, the petitioner and second respondent have come to a compromise out of their own will and consent. Hence, the petitioner has filed this petition to quash the FIR in Cr. No.26 of 2025.

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

5. The Affidavit dated 17.04.2026 has been filed by the petitioner and 2nd respondent/de-facto complainant before this Court. The 2nd respondent and petitioner present before this Court. In the affidavit, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.26 of 2025. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

6. Under such circumstances, no useful purpose will be served in keeping the case 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., quashes the case in Crime No. 26 of 2025, pending on the file of the Inspector of Police, W-6, Semmancherry, All Women Police Station

7. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.26 of 2025, pending on the file of the Inspector of Police, W-6, Semmancherry, All Women Police Station, is quashed and the terms of affidavit shall form part

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