G.Uggendra v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA G.Uggendra S/o Gopalakrishnan ..Petitioner Vs.
1. The State represented by Inspector of Police, Cyber Crime Police (CCD-II) Coimbatore, Coimbatore District
2. Yogarajasri, W/o Uggendra D/o Thirumalaisamy ..Respondents Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to call for records in Crime No.13 of 2024 pending on the file of the respondent police against the petitioner and quash the same.
For Petitioner : Mr.K.T.S.Sivakumar For Respondents : Mr.R.Vinothraja,Govt.Advocate (Crl.side) for R1
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in Crime No.13 of 2024 pending on the file of the respondent police, for the offences under Sections 75(1)(ii) of B.N.S.,2023 and Section 420 and 384 of IPC, Section 67 of the Information Technology Act, 2000 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.
2. The case of the prosecution is that the petitioner promised to marry the de facto complainant and on his assurance, both of them had sexual intercourse and subsequently, the petitioner refused to marry her. Hence, a complaint has been lodged as against the petitioner.
3. Learned counsel for the petitioner submitted that on account of misunderstanding, a false complaint has been given by the 2nd respondent/ de facto complaint. Now, the parties have compromised the matter and the petitioner had married the de facto complainant/2nd respondent and the marriage has also been registered on 27.06.2024 before the Sub Registrar, Singanallur.
4. The petitioner and the de facto complainant were present before this Court at the time of hearing and they were identified by their
respective counsel and by the Police, viz., Ms.K.Uma, WHC-2155, Cyber Crime P.S. Coimbatore District.
5. On being enquired by this Court, the de facto complainant stated that she has amicably settled the dispute with the petitioner and she is not willing to pursue the the criminal proceedings as against the petitioner and therefore, seeks to quash the same.
6. 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.
7. 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 first petitioner. The Hon'ble Supreme Court, in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujarat, 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 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 they get 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 dispute between the first petitioner 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.13 of 2024 pending on the file of the first respondent in exercise of its jurisdiction under Section 482 of Cr.P.C. 9.In view of the above, the First Information Report in Crime
No.13 of 2024 pending on the file of the first respondent is quashed as against the petitioner and this Criminal Original Petition is allowed. The compromise memo filed by the petitioner and the second respondent/ de facto complainant for compromising the offences shall form part of this order.
10.11.2025 vsi Speaking/Non-speaking order To
1. The Inspector of Police, Cyber Crime Police (CCD-II) Coimbatore, Coimbatore District
A.D.JAGADISH CHANDIRA,J.
vsi 10.11.2025