K.Ajith Kumar v. State Represented By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR and Crl.M.P.No.16249 of 2025
1. K.Ajith Kumar
2. K.Gayathri
3. K.Eswari
4. K.Kumaresan,
5. Mallayan
6. K.Rajaperumal Petitioner(s) Vs
1. State Represented by, Inspector of Police, AWPS - Koyembedu Police Station, Chennai. Crime No. 14/2025 2.Nagalakshmi Respondent(s) 1/7
PRAYER This Criminal Original Petition has been filed under Section528 of BNSS to call for the records and quash the proceedings in Crime No. 14/2025 pending on the file of the Inspector of AWPS Koyambedu Police Station, Chennai, Dated 01.07.2025.
For Petitioner(s):
Mr. C.R.Malarvannan For Respondent(s):
Mr. R.Vinothraja.
Govt. Advocate (crl.side) for R1 M/s. P. Manikandan, for R2
ORDER
This Criminal Original Petition has been filed to quash the Crime No.14 of 2025 pending on the file of the first respondent for the offence under sections 85 of BNS and Section 4 of Tamilnadu Prohibition of Harassment of Women Act.
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2. The complaint has been lodged by the second respondent. The first petitioner is the husband and the other petitioners are in laws of the second respondent. The crux of the allegation is that the petitioners have demanded dowry and harassed the defacto complainant/second respondent, thereby subjecting her to cruelty.
3. The petitioners and the de-facto complainant/R2 appeared before this Court and they were identified by their respective counsel and also by the police.
4. The defacto complainant stated before this Court that she has compromised the issue with the petitioners and since the subject matter of the nd respondent, she dispute was amicably settled between the petitioners and the 2 does not want to proceed with the criminal proceedings. They have also filed a Joint Memo of Compromise entered between herself and the petitioners to that effect.
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5. The learned Government Advocate (crl.side) 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 an offence of this nature can be quashed on the ground of compromise between parties.
6. The allegation in the complaint is the matrimonial dispute. The defacto complainant herself appeared before this Court and stated that she is not willing to proceed with the criminal proceedings.
7. The main issue that requires for consideration of this Court is as to whether this Court can quash the criminal proceedings involving noncompoundable offences pending against the petitioner. The Hon'ble Supreme Court in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, reported in 2017 9 SCC 641 and in case of The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, has given sufficient guidelines that must be taken into consideration by this Court while 4/7
exercising its jurisdiction under Section 528 of 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 it gets settled between the parties, cannot be quashed by this Court.
8. In the present case, the offences in question are purely individual/personal in nature. It involves the matrimonial 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. In view of the above, this Court is inclined to quash the First Information Report registered in Crime No.14 of 2025 pending on the file of the first respondent in exercise of its jurisdiction under Section 528 of BNSS.
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9. Accordingly, this Criminal Original Petition is allowed and the First Information Report registered in Crime No.14 of 2025 pending on the file of the first respondent, is quashed. The Joint Memo of Compromise filed by the petitioners and the second respondent for compromising the offences shall form part of the records. Consequently, connected miscellaneous petition is closed. 29-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mrp To The Inspector of Police, AWPS - Koyembedu Police Station, Chennai. Crime No. 14/2025 6/7
N.SATHISH KUMAR J.
mrp 29-08-2025 7/7