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2026 Supreme(Online)(Mad) 38892

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
R. Chandrasekaran – Appellant
Versus
State represented by The Inspector of Police, District Crime Branch (DCB), Kancheepuram District. (Crime No.9 of 2024) – Respondent
Criminal Original Petition | Crime No.9 of 2024



Advocates:
For Petitioners: Mr. M. Dinesh
For Respondents: Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor for R1, Ms. T. Harshana, Mr. L.P. Shanmugasundaram for R2

FIR quashed under S.528 BNSS despite non-compoundable offences due to amicable settlement, following Supreme Court guidelines.

Headnote:The petitioners were accused under Sections 465, 468, 471, 420 and 34 IPC for misusing power of attorney to fraudulently transfer property and issuing a dishonoured cheque. Prosecution case involved fabrication of documents and forgery. Court noted amicable settlement despite non-compoundable offences. Issues framed around quashing FIR post-compromise. Court followed Supreme Court guidelines in Parbathbhai Aahir and State of Madhya Pradesh v. Dhruv Gurjar, invoking Section 528 BNSS (482 CrPC) jurisdiction. FIR in Crime No.9 of 2024 quashed. Petition allowed, investigation closed.

Table of Content
1. petitioners accused of forgery and cheating via power misuse. (Para 1 , 2)
2. parties reached amicable compromise during investigation. (Para 3 , 4)
3. quashing allowed despite non-compoundable offences per sc guidelines. (Para 5)
4. petition allowed, fir and investigation quashed. (Para 6)

O R D E R

The petitioners / A1 & A2 in Crime No.9 of 2024 for offences under Sections 465, 468, 471, 420 and 34 IPC on the file of the 1st respondent Police has filed this Criminal Original Petition.

2. The case of the prosecution is that the defacto complainant executed a General Power of Attorney on 08.05.2023 in favour of the 1st petitioner for the purpose of developing and selling his property measuring 0.27 ½ cents. It is claimed that the 1st petitioner misused this power and fraudulently transferred the property to his wife / 2nd petitioner through a sale deed dated 13.05.2024. Further, in order to execute the sale deed, the 1st petitioner fabricated a Life Certificate of the defacto complainant using forged signatures, purportedly issued by one Dr. Kumar / A3. Further it is alleged that a cheque for Rs.50,00,000/- issued by the 1st petitioner was dishonoured with the remark “Stop Payment”. On the complaint of the 2nd respondent, the 1st respondent Police registered an FIR in Crime No.9 of 2024 for offence under Sections for offences under Sections 465, 468, 471, 420 and 34 IPC against the petitioners.

3. The case is still 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 2nd respondent appeared before this Court and their identities were confirmed by the 1st respondent Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The petitioners and the 2nd respondent have filed separate affidavit before this Court and also filed the Joint Compromise Memo.

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 Suprme 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 First Information Report on the file of the 1st respondent Police.

6. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.9 of 2024, on the file of the 1st respondent police, is quashed. 10.04.2026 Neutral Citation: Yes/No AT To

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