Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 9344 (MAD)

R.Mithun Krishna v. State rep.by,

CRL OP/9908/2026 · 2026-04-21

M Nirmal Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No.9908 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.04.2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No.9908 of 2026 and Crl.MP. No.7083 of 2026 R.Mithun Krishna ..Petitioner(s) Vs 1. State Represented by, The Inspector of Police, Peelamedu Police Station, Coimbatore. 2.M.Sivasangari ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 528 of BNSS 2023, to call for records and quash the impugned F.I.R in Crime No.348 of 2024, dated 01.06.2024, on the file of the 1st respondent/Peelamedu Police Station, Coimbatore, on the ground of express consent given by the 2nd respondent/defacto complainant. For Petitioner(s): Mr.G.Sambathkumar For Respondent(s): Mr. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PP FOR R1 https://www.mhc.tn.gov.in/judis CRL OP No.9908 of 2026 __________ Page2 of 6 ORDER This Criminal Original Petition is filed to quash the impugned F.I.R. in Crime No. 348 of 2024, dated 01.06.2024, on the file of the 1st Respondent, Peelamedu Police Station, Coimbatore, on the ground of express consent given by the 2nd Respondent / defacto complainant. 2. The case of the prosecution is that the petitioner and the 2nd respondent (defacto complainant) are husband and wife, whose marriage was solemnized on 07.12.2023 at Arulmigu Ayyanaar Veera Maachiyamman Temple, Sulur, Coimbatore, and subsequently registered on 15.12.2023 at the Sulur Sub- Registrar Office. They initially lived together peacefully as husband and wife. On 21.05.2024, at about 7.00 p.m., at Codissia Grounds, Coimbatore, during heavy rain, the 2nd respondent, upon information received from a friend, arrived at the location and allegedly found the petitioner in a car bearing Registration No. TN 37 CY 7905 along with another woman. This led to confusion and a heated argument, which escalated into a scuffle. The 2nd respondent alleged that the petitioner assaulted her by slapping her on her left hand, stomach, and face. In the course of the incident, both parties contacted the police. Subsequently, https://www.mhc.tn.gov.in/judis CRL OP No.9908 of 2026 __________ Page3 of 6 the respondent police registered an F.I.R. in Crime No. 348 of 2024, dated 01.06.2024, under Sections 294(b), 323, and 506(i) IPC. 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. A Joint Compromise Memo dated 09.04.2026 has been filed by the 2nd respondent. Both the petitioner and the 2nd respondent are present before this Court. In the compromise memo, it is stated that, in view of the assurance given by the petitioner and their respective family members that such incidents will not recur, the parties have resolved their disputes. It is further stated that the parties have filed a petition for mutual divorce before the Family Court, Coimbatore, which has been allowed and a decree of divorce has been granted. The petitioner and the 2nd respondent are now living separately and peacefully without any disputes. The 2nd respondent has given her express consent before this Court for quashing the F.I.R. and has stated that she is no longer interested in pursuing the complaint or further investigation. This Court also enquired both parties and is satisfied that they have arrived at an amicable settlement. https://www.mhc.tn.gov.in/judis CRL OP No.9908 of 2026 __________ Page4 of 6 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 in Crime No.348 of 2024, on the file of the 1st respondent Police. 6.This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.348 of 2024 dated 01.06.2024 on the file of the Peelamedu Police Station, Coimbatore is quashed against the petitioner. Consequently, the connected Criminal Miscellaneous Petition is closed. 21.04.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP https://www.mhc.tn.gov.in/judis CRL OP No.9908 of 2026 __________ Page5 of 6 To 1. The Inspector of Police, Peelamedu Police Station, Coimbatore. 2. The Public Prosecutor, Madras High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No.9908 of 2026 __________ Page6 of 6 M.NIRMAL KUMAR, J. RKP CRL OP No.9908 of 2026 and Crl.MP. No.7083 of 2026 21.04.2026 https://www.mhc.tn.gov.in/judis