Asok Kumar v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2026
CORAM
THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR Crl.O.P. No. 11001 of 2026 1.
Ashok Kumar 2.
Mahaveer Chand ..Petitioners Vs.
1.
The Inspector of Police, Sholingur Police Station, Sholingur, Ranipet District.
(Crime No. 74 of 2026) 2.
Mrs. Parameshwari ..Respondents Prayer:
Criminal Original Petition filed under Sections 528 of BNSS to call for the records relating to the case in Crime No. 74 of 2026 pending investigation on the file of the 1st respondent Police and quash the same. For Petitioners ::
Mr.K.G. Senthil Kumar For Respondents ::
Mr.R. Rajasekaran Counsel for Govt. of Tamil Nadu, (Crl.Side) for R1 Mr.G.M. Shankar for R2 1\12
O R D E R
The present criminal original petition is filed to to call for the records relating to the case in Crime No. 74 of 2026 pending investigation on the file of the 1st respondent Police and quash the same. 2.
The allegation against the petitioners herein, who are running a jewellery and pawn shop in the name and style of M/s. Kowsalyabai Jain @ Ashok Jewellers is that the 2nd respondent herein had pledged her jewels (88gms of gold) and silver items (209 gms) on various dates from 2020 to 2026 with the petitioners. The 2nd respondent had been paying interest for two years and as she was unable to redeem the pledged articles, she requested the petitioners to sell the items pledged by her and to pay the balance amount. At that time, the petitioners had asked her to wait for some more time till there was hike in the gold price so that she could get good returns. Believing their words, the 2nd respondent waited for some more time. Thereafter, on 29.12.2025, the 2nd respondent went to redeem the pledged items along with her brother. At that time, the petitioners had demanded her to pay exorbitant interest @ 2.5%. When the de facto complainant's brother questioned them, the petitioners told that the jewels 2\12
had been auctioned and sold. When the de facto complainant and her brother asked as to the particulars of the auction, the petitioners refused to divulge the details. Hence, the complaint. Based on the complaint, a case in Crime No. 74 of 2026 came to be registered for offences under Sections 316(2), 49 of BNS and Sections 3 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act,2003.
3.
Learned counsel appearing for the petitioners as well as for the de facto complainant submitted that on intervention of well wishers of both families, the parties have now amicably resolved and settled all the disputes among themselves. Hence, they seek to quash the proceedings pending against the petitioners. Affidavits and a Joint Compromise Memo to that effect have also been filed.
4.
The case is at the stage of investigation.
5.
The 2nd respondent has paid a sum of Rs.4,90,000/-(Rupees Four Lakhs and Ninety Thousand only) as full and final settlement of all her claim pertaining to the subject matter of FIR and the 1st petitioner has acknowledged the receipt and returned the jewels mentioned in the FIR. The 2nd respondent has also acknowledged for receiving the jewels and both 3\12
parties have no claim against each other.
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.D. Sivakumar, SI, Sholingur Police Station. 7.
On interaction 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 Joint Memo of compromise dated 20.04.2026 filed by the parties is scanned and reproduced below: 4\12
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9.
Learned Government Counsel appearing on behalf of the first respondent submitted that though the parties entered into a compromise while this case is pending, this Court, taking into account the seriousness of the offence, has to consider the issue as to whether offences of this nature can be quashed on the ground of compromise between parties. 10.
The main issue that requires the consideration of this Court is as to whether this Court can quash the criminal proceedings involving non-compoundable 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. (corresponding to Section 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 9\12
interest even if they get settled between the parties, cannot be quashed by this Court.
11.
In the present case, the offences in question are purely individual/personal in nature. It involves dispute between the petitioners and the 2nd respondent and quashing the proceedings will not affect any overriding public interest in this case. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending even though the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujarat), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the First Information Report in Crime No.74 of 2026 on the file of the 1st respondent Police.
12.
This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.74 of 2026 on the file of the 1st respondent police, is quashed.
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13. The affidavits and the Joint Memo of Compromise dated 20.04.2026 filed by the petitioners and the 2nd respondent for compromising the offences shall form part of the records.
05.06.2026 nv To
1. The Inspector of Police, Sholingur Police Station, Ranipet District.
2. The Public Prosecutor, High Court, Madras.
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M. NIRMAL KUMAR,J.
nv Crl.O.P. No. 11001 of 2026 05.06.2026 12\12