Sivakumar v. The State Of Tamil Nadu Rep By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.

31511 of 2025 1.Sivakumar 2.Logeshwaran ...

Petitioners Vs.

1.The State of Tamil Nadu Represented by its Inspector of Police, B-5, Walajabad Police Station, Kancheepuram District.

(Cr.No.283 of 2025) 2.Mrs.Parvathi ...

Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records in FIR No.283 of 2025 on st respondent and quash the same.

the file of the 1 For Petitioners ...

Mr.V.Prakash Senior Advocate Asst. by Ms.Jayasudha 1/8

For Respondent ...

Mr.K.M.D.Muhilan No.1 Additional Public Prosecutor For Respondent ...

Mr.M.Ragul Kousik No.2

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.283 of 2025, pending on the file of the first respondent.

2.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent. 3.Based on the complaint given by the de facto complainant/R2, a case in Crime No.283 of 2025 was registered for the offences under Sections 296(b) and 115(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 2/8

and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3(2)(va) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities ) Amendment Act, 2015. 4.The petitioners have stated that they have settled the dispute with the de facto complainant amicably and hence, seek to quash the First Information Report as against them. They have also filed an affidavit and a Joint Memo of Compromise to that effect.

5.The petitioners and the de-facto complainant/R2 appeared before this Court and were identified by their respective counsel as well as by the Inspector of Police, B-5, Walajabad Police Station, Kancheepuram District. 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 criminal proceedings and therefore, seeks to quash the 3/8

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 noncompoundable 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, to quash non-compoundable 4/8

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 they get 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 continuing with the criminal proceedings. In view of the above, this Court is inclined to quash the First Information Report registered in Crime No.283 of 2025 pending on the file of the first respondent in exercise of its jurisdiction under Section 482 of Cr.P.C.

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10.In view of the above, the First Information Report in Crime No.283 of 2025 pending on the file of the first respondent, is quashed as against the petitioners and this Criminal Original Petition is allowed. 18.11.2025 Index:Yes/No Speaking/Non-speaking order sms To 1.Inspector of Police, B-5, Walajabad Police Station, Kancheepuram District.

(Cr.No.283 of 2025) 2.The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

sms Crl.O.P.No.

31511 of 2025 7/8

18.11.2025 8/8