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2026 DAILYLAW 46405 (MAD)

Kannan v. State of tamilnadu rep.by,

CRL OP/15121/2026 · 2026-07-03

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.O.P.No.15121 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM: THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.O.P.No.15121 of 2026 and CRL.M.P.Nos.9741 & 9742 of 2026 1. Kannan S/o.Kathirvel, 1/22, Mariamman Kovil street, Rajapram Post, Arvakurichy TK, Karur District. 2. Chandrasekaran S/o.Ayyamuthu, Pethachi Nagar, Arvakurichy tk, Karur District. 3. Sathish S/o.Krishnan, 147, Veerapandi colony, Veerapandy, Salem district. 4. Ragul S/o.Ashokan, 480, Saniyasikundu, Ammapet, Salem. 5. Santhosh S/o.Manickam, 485, Saniyasikundu, Ammapet, Salem. 6. Sabarinathan S/o.Annamalai, 375, Velmurugan nagar, Kichipalayam, Salem-15. https://www.mhc.tn.gov.in/judis CRL.O.P.No.15121 of 2026 __________ Page2 of 6 7. Prasath S/o.Mariappan, 188, Mookaneri, Chinna Thirupathi, Salem district. ..Petitioners Vs 1. State of Tamil Nadu Rep.by, Inspector of Police, Vellakovil Police Station, Tiruppur District. Cr.No.1687/2020 2. Hitesh Saventhilal Kurtha S/o.Seventhilal, 603, Muthur road, Vellakovil, Kangayem TK, Tirupur district. ..Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the entire records quash the final report filed in SC.No.331 of 2025 on the file of the III Additional district and Sessions Judge, Dharapuram, as against the petitioners and pass such other further or other orders as may be necessary. For Petitioners: Mr.V.Regunathan For Respondents: Mr.R.Rajasekaran, Government Advocate (Criminal side) For R1 *** https://www.mhc.tn.gov.in/judis CRL.O.P.No.15121 of 2026 __________ Page3 of 6 O R D E R The Criminal Original Petition is filed to quash the final report and proceedings in S.C.No.331 of 2025 on the file of the III Additional District and Session Judge, Dharapuram, on compromise. 2. The Joint Compromise Memo is filed and the supporting affidavits are also filled. The de facto complainant is present before this Court and upon examination, he would submit that the case can be quashed on compromise. 3. I have gone through the allegations contained in the final report as well as the First Information Report and the 161 statement recorded during the course of investigation. It contains the details of several monetary transactions between the accused and the de facto complainant, including investing in Demat account and at one point of time, when the money became due, it is alleged that they took the de facto complainant in a vehicle, against his wish, and they have taken him to the forest area and threatened him and tried to extract money. Hence, the case was registered and the offence is taken cognisance under Sections 147 and 365 of the Indian Penal Code. 4. A closer scrutiny of the allegations would reveal that it will not have any societal impact but is a private transaction between the de facto https://www.mhc.tn.gov.in/judis CRL.O.P.No.15121 of 2026 __________ Page4 of 6 complainant and the accused. The entire issue arises out of series of money transactions that are alleged on behalf of the parties. 5. In view thereof, I am of the view that this case would fall within the gamut of cases where this Court can interfere and watch the proceedings in exercise of the extraordinary jurisdiction under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 as per the law laid down by the Honourable Supreme Court of India in Gian Singh vs. State of Punjab1. 6. Accordingly, this Criminal Original petition stands allowed; Crime No.1687 of 2020 stands quashed and the final report and all further proceedings in S.C.No.331 of 2025 on the file of the III Additional District and Session Judge, Dharapuram stands quashed. Consequently, connected miscellaneous petitions are closed. 03-07-2026 Neutral Citation: No sts 1Reported in 2012 (10) SCC 303 https://www.mhc.tn.gov.in/judis CRL.O.P.No.15121 of 2026 __________ Page5 of 6 To: 1. State of Tamil Nadu Rep.by, Inspector of Police, Vellakovil Police Station, Tiruppur District. Cr.No.1687/2020 2. Hitesh Saventhilal Kurtha S/o.Seventhilal, 603, Muthur road, Vellakovil, Kangayem TK, Tirupur district. 3. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL.O.P.No.15121 of 2026 __________ Page6 of 6 D.BHARATHA CHAKRAVARTHY J. sts Order made in CRL.O.P.No.15121 of 2026 Dated: 03-07-2026 https://www.mhc.tn.gov.in/judis