Madras High Court
R.Kesavan v. State rep. by Inspector of Police
- Decision date
- 2026-07-16
- Text availability
- Full text
- Judges
- D. Bharatha Chakravarthy
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
CRL.OP.No.18609 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM: THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.OP.No.18609 of 2026 1. R.Kesavan 2. Devi ..Petitioner(s) Vs. 1. State rep. by The Inspector of Police, Avadi City CCB, Avadi, Chennai. (Crime No.131 of 2025) 2. Gowthami ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the entire records pertaining to Crime No.131 of 2025 on the file of the 1st respondent Police and quash the same and all further proceedings arising therefrom, insofar as they relate to the Petitioners/Accused Nos.2 and 4. For Petitioner(s): Mr.R.Sasikumar For Respondent(s): Mr.R.Rajasekaran (for R1) Counsel for Government of Tamil Nadu (Crl.Side) __________ Page1 of 4 https://www.mhc.tn.gov.in/judis CRL.OP.No.18609 of 2026 ORDER This criminal original petition seeks to quash the FIR in Crime No.131 of 2025 on the file of the first respondent Police and all further proceedings arising therefrom, insofar as it relates to the petitioners, on the ground of compromise between the parties. The parties are present before the Court and, on examination, stand by their compromise and do not want the case to proceed further.
2. The broad contours of the High Court's power to exercise extraordinary jurisdiction under Section 482 of the Cr.P.C. and Section 528 of the BNSS in respect of compromise of non-compoundable offences are laid down by the Hon’ble Supreme Court of India in Gian Singh Vs. State of Punjab and another reported in (2012 10 SCC 303) and other subsequent judgments. 3. The background facts leading to the present case are that in a real estate transaction between the parties, the second respondent/de facto complainant’s land was allegedly mortgaged clandestinely by the __________ Page2 of 4 https://www.mhc.tn.gov.in/judis CRL.OP.No.18609 of 2026 petitioners/accused to obtain a loan. Further, certain sums of money were also obtained from the de facto complainant. It is now submitted that the bank’s entire dues have been liquidated and the title documents have been retrieved from the bank. The de facto complainant has also received her entire sale consideration. Consequently, the parties have amicably resolved their disputes and ironed out their differences. 4. Thus, it can be seen that this matter is a fit case for the exercise of extraordinary jurisdiction to quash the case on compromise. 5. Accordingly, this Crl.O.P.No.18609 of 2026 stands allowed. The final report in C.C.No.619 of 2025 pending on the file of the Judicial Magistrate Court No.II, Tambaram, is hereby quashed. Connected miscellaneous petition is closed. 16-07-2026 Neutral Citation: No Sni __________
Page3 of 4 https://www.mhc.tn.gov.in/judis CRL.OP.No.18609 of 2026 D.BHARATHA CHAKRAVARTHY, J. Sni To 1.The Judicial Magistrate No.II, Tambaram. 2.The Inspector of Police, Avadi City CCB, Avadi, Chennai. 3.The Public Prosecutor, High Court of Madras. CRL.OP.No.18609 of 2026 16-07-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis