K.Kamesh v. The State Rep By, The Inspector Of Police,

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. K.Kamesh

2. R.Shanthi

3. R.Shalini Petitioner(s) Vs

1. The State Rep by, The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai. Cr.No.14/2020.

2.U.Anusuya Respondent(s) PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C/528 of BNSS, to call for the records in Crime No.14/2020 pending investigation on the file of the 1st respondent herein and quash the FIR and entire proceedings in so far as it relates to the petitioners concerned. For Petitioner(s):

Mr.D.Amalraj For Respondent(s):

Mr.K.M.D.Muhilan, Additional Public Prosecutor For R1 Ms.G.Gayathri for R2

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ORDER

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.14 of 2020, pending on the file of the first respondent, on the basis of the compromise arrived at between the petitioners and the de facto complainant/second respondent. 2.

Heard the learned counsel appearing for the petitioners, the learned counsel for the second respondent and the learned Government Advocate (Criminal Side) appearing for the first respondent. 3.

Based on the complaint given by the de facto complainant/R2, a case in Crime No.14 of 2020 was registered for the offences under Sections 498(A), 294 (b), 324 & 506 (ii) of IPC.

4.

The petitioners have stated that they have settled the dispute with the de facto complainant amicably and hence, seeks to quash the First Information Report as against them. They have also filed an affidavit and a Joint Memo of Compromise to that effect.

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The petitioners and the de-facto complainant/R2 appeared before this Court and were identified by their respective counsel as well as by Ms.A.Selvi, WHC 1652, W-5, Selaiyur AWPS. The respective counsel have also made an endorsement to that effect in the case bundle. 6.

On being enquired 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 the criminal proceedings and therefore, seeks to quash the same.

7.

The learned Additional Public Prosecutor 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. 8.

The main issue that requires the consideration of this Court is as to whether this Court can quash the criminal proceedings involving non-

4/6 compoundable offences pending against the petitioners. 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 exercising its jurisdiction under Section 482 of Cr.P.C, 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.

9.

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

5/6 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 2020 pending on the file of the first respondent in exercise of its jurisdiction under Section 482 of Cr.P.C.

10. In view of the above, the First Information Report in Crime No.14 of 2020 pending on the file of the first respondent, is quashed as against the petitioners and this Criminal Original Petition is allowed on condition that the petitioners shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) jointly as costs to the Tamil Nadu State Legal Services Authority (TNSLSA), High Court Campus, Chennai 600 104, within a period of one (1) week from the date of receipt of a copy of this order. The affidavit and the Joint Memo of Compromise filed by the petitioners and the second respondent for compromising the offences shall form part of this order. 27-10-2025 Index:Yes/No Speaking/Non-speaking order sli

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sli To

1. The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai. Cr.No.14/2020.

2.The Public Prosecutor, High Court, Madras.

27-10-2025