Sathya v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 1469 of 2026 1.Sathya 2.Sivamani@Sivakumar 3.Keerthana ... Petitioners Vs.

1.The State represented by The Inspector Police, Maduravoyal Police Station, Chennai.

2. R.Nabisha ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records in Crime No.640 of 2025 on the file of the 1st respondent and quash the same.

For Petitioners : Ms.R.Radha Pandian For R1 : Mr.S.Santhosh Government Advocate (Crl.Side) For R2 : Mr.K.Magesh 1/6

O R D E R

This Criminal Original Petition has been filed seeking to call for the records relating to Crime No.640 of 2025, on the file of the first respondent and to quash the same.

2. Learned counsel appearing for the petitioners would submit that the petitioners and the de facto complainant are known to each other, and the landlord and tenant dispute resulted in the registration of the case. He would further submit that due to the intervention of well-wishers and elders, the parties have arrived at compromise.

3.Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.Side) for the first respondent and the learned counsel appearing for the second respondent.

4.Based on the complaint given by the de facto complainant/R2, the aforesaid case in Crime No.640 of 2025, was registered for the offences under Sections 296(b), 115(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

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5.The petitioners have stated that they have settled the dispute with the de facto complainant amicably and hence, seek to quash the First Information Report. They have also filed an affidavit and a Joint Memo of Compromise to that effect.

6.The petitioners and the de facto complainant/R2 appeared before this Court and were identified by their respective counsel as well as by Mr.T.Karuppuchamy, PC 56542, T-4 Maduravoyal Police Station. 7.On being enquired by this Court, the de facto complainant stated that she has amicably settled the dispute with the petitioners and she is not willing to pursue the criminal proceedings and therefore, seeks to quash the same.

8.The learned Government Advocate (Crl.Side) appearing on behalf of the first respondent submitted that though the parties have entered into a compromise while this case is pending, this Court, taking into account the seriousness of the offences, has to consider the issue as to whether offences of this nature can be quashed on the ground of compromise between parties. 3/6

9.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 petitioners. 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, to quash non-compoundable 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.

10.In the present case, the offences in question are purely individual/personal in nature. It involves dispute between the petitioners 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.

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11. In view of the above, this Court is inclined to quash the First Information Report registered in Crime No.640 of 2025 pending on the file of the first respondent in exercise of its jurisdiction under Section 482 of Cr.P.C.

12.Accordingly, the First Information Report in Crime No.640 of 2025 pending on the file of the first respondent is quashed as against the petitioners and this Criminal Original Petition is allowed. The affidavit and the Joint Memo of Compromise filed by the petitioners and the second respondent dated 07.01.2026, for compromising the offences shall form part of the records.

03.02.2026 (2/2) dsn Internet:Yes To 1.

The Inspector Police, Maduravoyal Police Station, Chennai.

2.

The Additional Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

dsn 03.02.2026 (2/2) 6/6