Sivasankar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR

1. Sivasankar

2. Samundeshwari

3. Gomathi ... Petitioners Vs.

1.State Rep. by The Inspector of Police N-4, Fishing Harbour Police Station Chennai (Crime No.199 of 2022)

2. Arulselvi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of the entire proceedings in C.C.No.975 of 2025 on the file of the XVI Metropolitan Magistrate Court, George Town at Chennai and quash the same.

For Petitioners : M/s.S.Vasuki For R1 : Mr.R.Vinothraja Government Advocate (Crl. Side) For R2 : Ms.P.Hasnah 1/6

O R D E R

The Criminal Original Petition has been filed to quash the entire proceedings in C.C.No.975 of 2025 for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC, on the file of the XVI Metropolitan Magistrate Court, George Town at Chennai on the basis of compromise entered into between the parties.

2. Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the second respondent and the learned Government Advocate (Criminal Side) appearing for the first respondent police.

3. The learned counsel for the petitioners submits that the petitioners are the in-laws of the defacto complainant/2nd respondent and due to family dispute, the defacto complainant lodged the complaint her in-laws as if the petitioners scolded and attacked her with wooden log. Now the parties have arrived to a amicable settlement between them and a joint compromise memo has also been filed to that effect. Hence, he seeks to quash the the final report against the petitioners.

4. The petitioners and the de-facto complainant/second respondent appeared before this Court in person and they were identified by their 2/6

respective counsel as well as by Mr.V.Karthik, (PC-54248), N-4, Fishing Harbour Police Station.

5.

On being enquired by this Court, the de facto complainant/2nd respondent stated that she has amicably settled the dispute with the petitioners and not willing to pursue the criminal proceedings and she has no objection to quash the same. A Joint Compromise Memo dated 15.09.2025 has also been filed to that effect.

6. 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 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 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 if it gets 3/6

settled between the parties, cannot be quashed by this Court.

7. In the present case, the offences in question are purely individual/personal in nature. It involves 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.

8. In view of the above, the final report filed against the petitioners in C.C.No.975 of 2025 on the file of the XVI Metropolitan Magistrate Court, George Town, Chennai, is quashed. The Joint Compromise Memo dated 15.09.2025 filed by the parties for compromising the offence shall form part of the record.

9. Accordingly, this Criminal Original Petition is allowed. 19.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To

1. The XVI Metropolitan Magistrate Court, George Town, Chennai

2. The Inspector of Police N-4, Fishing Harbour Police Station Chennai

3. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

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