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Kattamaraja v. State Of Tamilnadu Rep By Inspector Of Police, Vadipatti

Madras HC23 Feb 2026CRL OP(MD)/2766/2026

Case brief

AI extract

What is this about?

Quash of FIR; Crime No.579 of 2016; Vadipatti Police Station; Madurai District; Section 528 BNSS 2023; Section 174 Cr.P.C.; Section 201 IPC; delay in filing final report; nine years pending; postmortem cause of death suicide; burial of body; no mala fide intention; desecration of body; E-Library MBHAA cost Rs.5,000; notice to second respondent dispensed; Crl.M.P.(MD)No.3061 of 2026 closed; Madurai Bench of Madras High Court; L. Victoria Gowri, J.

What did the court decide?

Quashing of the FIR in Crime No.579 of 2016 on the file of the first respondent police, conditional on payment of Rs.5,000/- to the E-Library fund of the MBHAA within three weeks; connected miscellaneous petition closed. ¶27

Kattamaraja Vs State Of Tamilnadu Rep By Inspector Of Police, Vadipatti — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR in Crime No.579 of 2016, pending since 2016 without a final report having been filed, should be quashed.

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Court's answer

Considering the long delay in filing the final report, the fact that the deceased was the father of the first petitioner, and that there was no mala fide intention in burying the body (done solely out of the petitioners' desire that his father's body should not be desecrated), the FIR in Crime No.579 of 2016 is quashed.

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Ratio / Principle

The quashing of the FIR is made on payment of Rs.5,000/- towards establishing an E-Library to the credit of the MBHAA, within three weeks from receipt of a copy of the order; accordingly the criminal original petition stands allowed and the connected miscellaneous petition is closed.

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Key takeaways

Since no adverse order was proposed to be passed against the second respondent, notice to the second respondent was dispensed with.ratio¶26

Detailed headnote1 paragraphs

Criminal Original Petition (Madurai Bench) under Section 528 of BNSS, 2023 seeking quash of FIR in Crime No.579 of 2016 (Vadipatti Police Station, Madurai District), registered in 2016 at the instance of the petitioners for offences under Section 174 of the Cr.P.C. and Section 201 of the IPC following the burial/disposal of the body of the first petitioner's father who died by suicide. The final report had not been filed even after more than nine years. The postmortem report indicated the cause of death was suicide. Holding that there was long delay in filing the final report, the deceased was the father of the first petitioner, and there was no mala fide intention in burying the body (done solely so that the father's body should not be desecrated), the Court quashed the FIR on payment of Rs.5,000/- towards an E-Library fund of the MBHAA within three weeks. Petition allowed; connected miscellaneous petition closed; notice to the second respondent dispensed with since no adverse order was proposed against him. (L. Victoria Gowri, J.; dated 23.02.2026.)

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Crl.O.P.(MD)No.2766 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.02.2026

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CORAM:

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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Crl.O.P.(MD)No.2766 of 2026 & Crl.M.P.(MD)No.3061 of 2026

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1.Kattamaraja 2.Saravanan

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... Petitioners

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Vs.

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The State of Tamilnadu, The Inspector of Police, Vadipatti Police Station, Madurai District. (Crime No.579 of 2016)

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Gurupandiyan ... Respondents

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PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the records relating to the FIR in Crime No.579 of 2016 on the file of the first respondent police Vadipatti Police Station, Madurai District and quash the same as illegal.

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For Petitioners : Mr.B.Vinoth Kumar For Respondents : Mr.S.Ravi (R1 & R2) Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.2766 of 2026

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ORDER

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This petition has been filed seeking quash of the FIR in Crime No.579 of 2016 on the file of the first respondent police.

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The learned counsel appearing for the petitioners submitted that the aforesaid case was registered as early as 2016, at the instance of the petitioners, in connection with the disposal of the body of the first petitioner’s father, who had died by suicide, for offences under Section 174 of the Cr.P.C. and Section 201 of the IPC. Even after a lapse of more than nine years, the final report has not yet been filed, and the FIR remains pending. The petitioners therefore seek the indulgence of this Court.

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The learned Additional Public Prosecutor appearing for the respondent police submitted that the body had already been recovered from the graveyard and sent for postmortem examination, which has been duly conducted. The postmortem report clearly indicates that the cause of death was suicide.

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Heard the learned counsel on either side and carefully perused the

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materials placed before this Court. Since no adverse order is proposed to be

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.2766 of 2026

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passed against the second respondent, notice to the second respondent is dispensed with.

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Considering the long delay in filing the final report, the fact that the deceased is the father of the first petitioner, and that there was no mala fide intention in burying the body, being done solely out of the petitioners' desire that his father’s body should not be desecrated, the impugned FIR in Crime No. 579 of 2016 on the file of the first respondent police is hereby quashed on payment of Rs.5,000/- (Rupees Five Thousand only) for establishing an E- Library to the credit of the MBHAA, in Indian Bank, Madurai Bench of Madras High Court Branch, Account No.496038755 IFSC No.IDIB000H040, MICR Code: 625019020, within a period of three weeks from the date of receipt of a copy of this order. Accordingly, this criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed.

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23.02.2026

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NCC Index : Yes / No Sm

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.2766 of 2026

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L.VICTORIA GOWRI, J.