L.Suresh v. The State Represented By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-06-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR AND CRL MP NO. 6778 OF 2026 L.Suresh ..Petitioner(s) Vs
1. The State represented by, The Inspector of Police All Women Police Station, Thousand Lights, Chennai.
2. S.Sathya ..Respondent(s) Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records relating to Crime No.10 of 2025 dated 27.06.2025 on the file of the Thousands Lights AWPS, Chennai. For Petitioner(s):
Mr.A.Gokula Krishna For Respondent(s):
Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side) for R1
ORDER
The petitioner/accused in Crime No.10 of 2025 on the file of the 1st respondent Police, registered for the offences under Sections 77 and 85 BNS,
has filed the present quash petition.
2.The case of the prosecution is that the 2nd respondent / de facto complainant and the petitioner got married on 23.06.2022. The de facto complainant was employed in IT industry and the petitioner was working with Swiggy. The de facto complainant raised a loan to the tune of Rs.15 Lakhs in order to open a Fast Food Shop for her husband/petitioner. However, the petitioner did not run the shop properly and he had an affair with one Sangeetha. When questioned, the petitioner abused and assaulted the de facto complainant. Therefore, the de facto complainant lodged a complaint before the AWPS Kannagi Nagar Police Station. The Police called the parties for enquiry and on the compromise, the matter was dropped at that stage. However, later, the petitioner, pretending to be kind, took obscene videos of the de facto complainant under compulsion.
Thereafter, the petitioner demanded a sum of Rs.5 Lakhs from the de facto complainant, threatening that he would release her videos online. Apprehending the same, the de facto complainant gave him Rs.5 Lakhs. Again, on 24.06.2025, the petitioner came to the work place of the de facto complainant and demanded a further amount of Rs.1,50,000/- on the threat that he would release her videos online immediately. When she refused, the petitioner assaulted the de facto complainant, due to which she sustained injuries. Therefore, the de facto complainant lodged a complaint as against the petitioner.
Crime No.10 of 2025 for the offences under Sections 77 and 85 BNS, 3.By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 4.Learned counsel for the petitioner submitted that the parties are husband and wife and the allegations in the complaint arose exclusively from personal matrimonial differences and not from any other cause. Subsequent to the registration of the case, the elders from both families, along with relatives and well-wishers, intervened and mediated the matter to resolve the conflict. Thereby, the parties have arrived at an amicable resolution, ultimately resulting in a peaceful and comprehensive settlement of all outstanding disputes. 5.Accordingly, the petitioner has filed the present quash petition, accompanied by a joint memo of compromise, dated 28.02.
2026, signed by both the petitioner and the 2nd respondent / de facto complainant. The parties have mutually compromised the matter and amicably settled the issues. They have filed individual affidavits to that effect.
6.Today, the petitioner and the 2nd respondent / de facto complainant appeared before this Court and they are identified by Mrs.R.Thilagam, Women Head Constable 27787, W1 AWPS, Thousand Lights, Chennai. The parties submitted that they have joined and are now living together. The petitioner submitted that the divorce petition filed by him has also been withdrawn and they have joined together. The de facto complainant assured that the compromise is entirely voluntary and executed out of her own will and consent, in order to avoid further unnecessary hardship for both families. 7.One important 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 accused.
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.
8.However, considering the facts of the case, it can be seen that the offence in question is purely matrimonial in nature and the parties themselves have now come forward to settle the matter amicably. Therefore, quashing the proceedings will not affect any overriding public interest in this case and no useful purpose will be served in continuing the criminal proceedings. After exercising due caution as advised by the Hon'ble Supreme 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./Section 528 BNSS, is inclined to quash the proceedings pending against the accused. 9.In view of the above, this Criminal Original Petition is allowed and the case as against the petitioner in Crime No.10 of 2025 on the file of the 1st respondent Police, is hereby quashed. The joint compromise memo filed by the parties shall form part of the records. Consequently, connected miscellaneous petition is closed.
18-06-2026 Index: Yes/No Speaking/Non-speaking order MKN
To 1.The Inspector of Police All Women Police Station, Thousand Lights, Chennai.
2.The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR J.
MKN 18-06-2026