J.Viswabharathy v. The State Rep.By, The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2026
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.MP.No.24795 of 2025
1. J.Viswabharathy
2. J.U.Saravanabavakandhan
3. S.Jothinathan
4. T.P.Sivasankar
5. P.Janakiraman
6. P.Dhayalan
7. D.Bharath Kumar ... Petitioners Vs.
1.The State represented by The Sub-Inspector Police, Mangadu Police Station, Avadi District.
(Crime No.774 of 2025) 2.V. Sarathkumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records in Impugned First Information Report in Crime No.774 of 2025 on the file of the first respondent and to quash the same. 1/6
For Petitioner : Mr.N.S.Suganthan For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor For R2 : Mr.B.Manikandan
O R D E R
This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.774 of 2025 on the file of the first respondent.
2. Heard both sides and perused the materials available on record.
3. Based on the complaint given by the de facto complainant/R2, the aforesaid case in Crime No.774 of 205 was registered on the file of the 1st respondent/ Police against the petitioners for the offences under Sections 296(b), 118(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
4. Learned counsel appearing for the petitioners as well as for the de facto complainant/R2 submitted that due to matrimonial dispute, counter case has also been registered; on the advice of elders, the parties have now amicably settled the issue among themselves. Hence, they seek to quash the aforesaid proceedings. Affidavits and Joint Memo of Compromise to that 2/6
effect have also been filed.
5. The petitioners and the de facto complainant/R2 appeared before this Court and were identified by their respective counsels and Mr.N.Sivakumar, Sub-Inspector, T-14 Mangadu Police Station.
6. On being enquired by this Court, the de facto complainant stated that he has amicably settled the dispute with the petitioners and he is not willing to pursue 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 have entered into a compromise while this case is pending, this Court, taking into account the seriousness of the offences, has to consider the issue as to whether offences 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 3/6
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 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.
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.
10. In view of the above, this Court is inclined to quash the First Information Report in Crime No.774 of 2025 on the file of the first respondent, in exercise of its jurisdiction under Section 482 of Cr.P.C. 4/6
11. Accordingly, First Information Report in Crime No.774 of 2025 on the file of the first respondent, is quashed as against the petitioners and this Criminal Original Petition is disposed of on condition that the petitioners jointly pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) 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 affidavits and the Joint Memo of Compromise filed by the petitioners and the second respondent for compromising the offences shall form part of the records. Consequently, the connected miscellaneous petition is closed.
16.02.2026 (2/2) dsn 5/6
A.D.JAGADISH CHANDIRA , J.
dsn To
1. The Sub-Inspector Police, Mangadu Police Station, Avadi District.
2.
The Public Prosecutor, High Court of Madras.
and Crl.MP.No.24795 of 2025 16.02.2026 (2/2) 6/6