Ajay Ramesh @ Ramesh v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.

Ajay Ramesh @ Ramesh 2.

Bharathi

...Petitioners

Vs.

1.

The State rep. by, The Inspector of Police, Chrompet Police Station, Chennai - 600 044.

2.

Amudha

...Respondents

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records in Crime No.229 of 2022 on the file of Inspector of Police, Chrompet Police Station, Chennai and quash the same as compromised by de facto complainant and petitioners/accused to secure the ends of justice. For Petitioners : Mr.R.Sankarasubbu For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1 : No Appearance, for R2 1/6

O R D E R

The present criminal original petition has been filed seeking to quash the First Information Report in Crime No.229 of 2022, pending against the petitioners, on the file of the first respondent Police, on the basis of the compromise arrived at between the petitioners and the de facto complainant/2nd respondent.

2. Heard learned counsel on either side and perused the materials available on record.

3. Based on the complaint given by the de facto complainant/R2, a case in Crime No.229 of 2022 was registered on the file of the first respondent Police against the petitioners for the offences under Sections 406 and 420 IPC.

4. Learned counsel appearing for the petitioners submitted that the parties have now amicably settled the issue among themselves. Hence, they seek to quash the First Information Report as against the petitioners. Affidavits and a Joint Memo of Compromise to that effect have also been filed.

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5. The petitioners and the de facto complainant/R2 appeared before this Court and they were identified by the learned counsel for the petitioners as well as by Mr.N.Kaliyamoorthy, SI, T2 Chrompet Police Station.

6. On being enquired by this Court, the de facto complainant/R2 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 same.

7. Learned Government Advocate (Crl. Side) appearing on behalf of the first respondent submitted that though the parties have entered into a compromise, 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. (corresponding to Section 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 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 in Crime No.229 of 2022 pending on the file of the first respondent police, in exercise of its jurisdiction under Section 482 Cr.P.C./Section 528 BNSS.

10. Accordingly, this criminal original petition stands disposed of and the First Information Report in Crime No.229 of 2022 pending on the 4/6

file of the first respondent police is quashed, on condition that the petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) each as costs to the Tamil Nadu State Legal Services Authority (TNSLSA), High Court Campus, Chennai 600 104, within a period of two (2) weeks from the date of receipt of a copy of this order.

19.12.2025 skt To 1.

The Inspector of Police, Chrompet Police Station, Chennai - 600 044.

2.

The Member Secretary, The Tamil Nadu State Legal Services Authority (TNSLSA), High Court Campus, Chennai.

3.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

skt 19.12.2025 6/6