Dinesh (A1) v. The State Rep. By Its Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-02-2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.1711 of 2026 and CRL.O.P.No.1683 of 2026 CRL.O.P.No.1711 of 2026:
1. Dinesh (A1) S/o.Selvaraj, Door No.91, Kamraj Nagar, Sathyamangalam, Erode District.
2. Gokul (A2), S/o.Kuppuraj, Kattabomman Nagar, Vadakkupatti, Sathyamangalam, Erode District.
3. Yaswanth (A3) S/o.Kanakaraj, 556, BAS Kudiiruppu, Alathukombai, Sathyamangalam, Erode District.
4. Marappan (A4) S/o.Nanjundan, No.2, Sandhanadippo Kilakuveethi, Vadakupettai, Sathyamangalam, Erode District.
..Petitioner(s) Vs
1. The State rep. by its Inspector of Police, Sathyamangalam Police Station, Sathyamangalam.
(Cr.No.36/2025)
2. Parthiban @ Kabali S/o.Krishnan, Door No.110, Koothanur Road, Parisalthurai Veethi, Rangasamutharam, Sathyamangalam.
..Respondent(s) CRL OP No. 1683 of 2026:
1. Ashok, S/o Rajamani, D.No.5, Thirunagar Colony, Sathy to mettupalayam road, Sathayamangalam.
2. Parthiban @ Kabali, S/o Krishnan, D.NO.110, Koothanur Road, Parisalthurai Veethi, Rangasamutharam, Sathyamangalam.
3. Sajithbharath, S/o Ponnusamy, Bannari Amman Sugar Quarters, Alathukombai, Sathyamangalam.
..Petitioner(s) Vs
1. The State rep by, Inspector of Police Sathayamangalam Police Station, Sathayamangalam.
Crime No.35 of 2025
2. Gokul, S/o Kuppuraj, No.48, Kattabomman Nagar, Vadakkupettai, Sathyamangalam.
..Respondent(s)
PRAYER: Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to quash the proceedings in Crime No.36 of 2025 on the file of the Inspector of Police, Sathyamangalam Police Station/1st respondent herein.
CRL OP No. 1683 of 2026 PRAYER: Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to quash the proceedings in Crime No.35 of 2025 on the file of the Inspector of Police, Sathyamangalam Police Station/1st respondent herein.
For Petitioner(s):
Mr.T.Shanmugam in CRL OP No. 1711 of 2026 and R2 in CRL OP No. 1683 of 2026 For Respondent(s):
Mr.K.M.D. Muhilan, Additional Public Prosecutor for R1 in both petitions Mr.R.Karthikeyan for R2 in CRL OP No. 1711 of 2026 and Petitioner in CRL OP No. 1683 of 2026 COMMON ORDER CRL.O.P.No.1711 of 2026 has been filed seeking to quash the proceedings against the petitioners in Crime No.36/2025 on the file of the Inspector of Police, Sathyamangalam Police Station/1st respondent, for the offences punishable under Sections 296(b), 115(2) and 118(2) and 351(3) of BNS, 2023.
2.CRL.O.P.No.1683 of 2026 has been filed seeking to quash the proceedings against the petitioners in Crime No.35/2025 on the file of the Inspector of Police, Sathyamangalam Police Station/1st respondent, for the offences punishable under Sections 296(b), 126(2), 115(2) and 118(2) and 351(3) of BNS, 2023.
3.Learned counsel appearing for the petitioners 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 petitioners. Affidavits and Joint Memo of Compromise to that effect have also been filed. 4.The petitioners and the de facto complainant were present before this Court at the time of hearing and they were identified by their respective counsel and by Mr.N.Manokaran, SSI, Sathy Police Station, Erode District. 5.This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 6.The learned Additional Public Prosecutor appearing for the respondentPolice 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. 7.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 Gujrat, 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./528 BNSS, 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 they get settled between the parties, cannot be quashed by this Court. 8.In the present cases, the offences in question are purely individual/personal in nature.
continuing with the criminal proceedings.
9.In view of the above, this Court is inclined to quash the proceedings against the petitioners in Crime Nos.35 and 36 of 2025 on the file of the Inspector of Police, Sathyamangalam Police Station/1st respondent. 10.Accordingly, these Criminal Original Petitions are allowed and the proceedings in Crime Nos.35 and 36 of 2025 on the file of the Inspector of Police, Sathyamangalam Police Station/1st respondent, is quashed, as against the petitioners on condition that the petitioners in both petitions pay a sum of Rs.5,000/- (Rupees Five Thousand only) each 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. 11.The affidavits and the Joint Memo of Compromise filed by the petitioners and the second respondent in both petitions for compromising the offences shall form part of the records.
06-02-2026 Index: Yes/No Speaking/Non-speaking order MPS
To
1. The Inspector of Police, Sathyamangalam Police Station, Sathyamangalam.
2. The Public Prosecutor, Madras High Court, Chennai - 600 104.
A.D.JAGADISH CHANDIRA J.
MPS CRL.O.P.No. 1711 of 2026 and CRL.O.P.No. 1683 of 2026 06-02-2026