Shree v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Shree S/o. Muniyandi ..Petitioner(s) Vs

1. The State represented by The Inspector of Police, Maramalai Nagar Police Station, Tambaram, Chennai.

2. Ganeshwaran S/o. Ramalingam ..Respondent(s) P rayer : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records in Crime No.411 of 2025 on the file of the first respondent Police and quash the same. For Petitioner(s):

Mr.M.Jaisingh For Respondent(s):

Mr.S.Santhosh Government Advocate (crl.side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.411 of 2025, pending against the petitioner, on the file of the first respondent Police, on the basis of the __________Page 1 of 6

compromise arrived at between the petitioner and the de facto complainant/second respondent.

2.

Heard both sides and perused the materials available on record. 3.

Based on the complaint given by the de facto complainant/R2, the aforesaid case in Crime No.411 of 2025 was registered on the file of the first respondent Police against the petitioner, for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(2) of BNS, 2023. 4.

Learned counsel appearing for the petitioner as well as for the de facto complainant submitted that on the advice of elders, the parties have now amicably settled the issue among themselves. Hence, they seek to quash the First Information Report as against the petitioner. Affidavits and Joint Memo of Compromise to that effect have also been filed. 5.

The petitioner and the de facto complainant/R2 appeared before this Court and they were identified by their respective counsel as well as by Mr.Govindaraj, Inspector of Police, T-9, Maramalai Nagar Police Station, Chennai.

__________Page 2 of 6

6.

On being enquired by this Court, the de facto complainant stated that he has amicably settled the dispute with the petitioner and he is not willing to pursue the criminal proceedings and therefore, seeks to quash the same. 7.

Learned Government Advocate (crl.side) appearing on behalf of the first respondent submitted that the investigation has been completed and the final report has been filed before the learned Judicial Magistrate No.II, Chengalpattu and it is yet to be numbered.

8.

The main issue that requires the consideration of this Court is as to whether this Court can quash the criminal proceedings involving noncompoundable offences pending against the petitioner. The Hon'ble Supreme Court, in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujarat, reported in (2017) 9 SCC 641, has given sufficient guidelines that must be taken into consideration by this Court while exercising its jurisdiction under Section 482 of Cr.P.C. (corresponding to Section 528 BNSS), to quash noncompoundable offences. One very important test that has been laid down is that the Court must necessarily examine if the crime in question is purely individual in nature or a crime against the society with overriding public interest. The Hon'ble Supreme Court has held that offences against the society with overriding public interest even if they get settled between the parties, cannot be quashed by this Court.

__________Page 3 of 6

9.

In the present case, the offences in question are purely individual/personal in nature. It involves dispute between the petitioner and the second respondent and quashing the proceedings will not affect any overriding public interest in this case and no useful purpose will be served in continuing with the criminal proceedings. In view of the above, this Court is inclined to quash the First Information Report in Crime No.411 of 2025 pending on the file of the first respondent police, in exercise of its jurisdiction under Section 482 Cr.P.C./Section 528 BNSS.

10. Accordingly, this Criminal Original Petition stands disposed of and the First Information Report in Crime No.411 of 2025 pending on the file of the first respondent police is quashed as against the petitioner, on condition that the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs to the Tamil Nadu State Legal Services Authority (TNSLSA), High Court Campus, Chennai 600 104, within a period of two (2) weeks from the date of receipt of a copy of this order.

__________Page 4 of 6

11. The affidavits and the Joint Memo of Compromise filed by the petitioner and the second respondent for compromising the offences shall form part of the records.

20-01-2026 Index: Yes/No Speaking/Non-speaking order vkr To 1.The Judicial Magistrate No.II, Chengalpattu. 2.The Inspector of Police, Maramalai Nagar Police Station, Tambaram, Chennai.

3.The Member Secretary, The Tamil Nadu State Legal Services Authority (TNSLSA), High Court Campus, Chennai.

4.The Public Prosecutor, High Court of Madras. __________Page 5 of 6

A.D.JAGADISH CHANDIRA, J.

vkr 20-01-2026 __________Page 6 of 6