Bashir Ahamed v. State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-06-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
1. Bashir Ahamed
2. Nazir Ahamed ..Petitioner(s) Vs
1. State rep. by, Inspector of Police (Crime), T-4 Madhuravoyal Police Station, Madhuravoyal Police Station, Madhuravoyal, Chennai-600 095.
2. R.Sundaramoorthy ..Respondent(s) Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the FIR in Cr.No.182/2026 on the file of the Inspector of Police (Crime), T-4 Madhuravoyal Police Station, Madhuravoyal, Chennai.
For Petitioner(s):
Mr.R.S.Mangala Kumar For Respondent(s):
Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side) for R1 Mr.N.Ramesh for R2
ORDER
The petitioners who are accused in Crime No.182 of 2026 on the file of the 1st respondent Police, registered for the offences under Sections 406, 420 and 506(1) IPC, have filed the present quash petition. 2.The case of the prosecution is that the 2nd respondent / de facto complainant is a B.E. Graduate. The petitioners assured the de facto complainant and his father that they will get him a Government Job in PWD or Highways Department and thereby, demanded a sum of Rs.10,00,000/-. Believing the words of the petitioners, the de facto complainant paid the sum of Rs.10,00,000/- in six installments to the petitioners. However, later, the de facto complainant realised that the petitioners have cheated him by making fake promises. On the complaint lodged by the de facto complainant, the 1st respondent Police registered the case in Crime No.
182 of 2026 as against the petitioners. To quash the same, the present petition has been filed. 3.Now, learned counsel on either side submitted that the parties have arrived at a compromise on 13.04.2026 and the petitioners have settled the amount of Rs.10,00,000/- to the de facto complainant. Accordingly, in order to put an end to the episode, the de facto complainant has decided not to proceed further against the petitioner.
compromise, dated 14.04.2026, which is scanned and extracted hereunder :
4.Today, the petitioners are present before this Court and the 2nd respondent / de facto complainant appeared through video conferencing. They are identified by Mr.S.Suresh Kumar, Sub-Inspector of Police, T-4 Madhuravoyal Police Station.
5.On enquiry, the de facto complainant submitted that he has received back the sum of Rs.10,00,000/- (Rupees Ten Lakhs only) from the petitioners and hence, he is willing to settle the matter peacefully and compound the offences as against the petitioners.
6.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.
7.However, considering the facts of the case, it can be seen that the offence in question is purely individual and financial 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.
8.In view of the above, this Criminal Original Petition is allowed and the case as against the petitioners in Crime No.182 of 2026 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.
18-06-2026 Index: Yes/No Speaking/Non-speaking order MKN To 1.The Inspector of Police (Crime), T-4 Madhuravoyal Police Station, Madhuravoyal Police Station, Madhuravoyal, Chennai-600 095.
2.The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR J.
MKN 18-06-2026