R.Goutham v. The State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. R.Goutham

2. S. Ramesh

3. R.Nirmala Petitioners Vs

1. The State Rep.by its, The Inspector of Police, W7, All Women Police Station, Anna Nagar, Chennai - 600 106.

2.S. Ashika Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for the records and to quash the FIR No.26 of 2024 pending disposal on the file of the 1st respondent police, W7, AWPS, Anna Nagar, Chennai. For Petitioners:

Ms.Sivakami Shanmugam Pillai For R1:

Mr.K.M.D.Muhilan Additional Public Prosecutor --------- For R2:

Ms.Revathi G Mohan

ORDER

This Criminal Original Petition has been filed to call for the records and to quash the F.I.R in Crime No.26 of 2024 dated 28.07.2024 for the offence under Section 85 of BNS, pending on the file of the 1st respondent Police on the ground of compromise.

2. The learned counsel for the petitioners and the de facto complainant submitted that now, the parties have amicably settled the dispute between themselves and they have also filed a Joint Memo of Compromise to that effect.

3. The petitioners and the de facto complainant/ 2nd respondent were present before this Court at the time of hearing and they were identified by the learned counsel for the petitioners.

4. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. The learned Additional Public Prosecutor appearing on behalf of the

first respondent police submitted that though the parties entered into a compromise while the investigation 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.

6. 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./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.

7. In the present case, the offence in question is purely individual/personal in nature. It involves dispute between the petitioners and the de facto complainant 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.

8. In view of the above, this Court is inclined to quash the First Information Report registered against the petitioners in exercise of its jurisdiction under Section 482 of Cr.P.C./528 BNSS.

9. Accordingly, this Criminal Original Petition is allowed and the First Information Report registered against the petitioners in Crime No.26 of 2024, dated 28.07.2024, on the file of the first respondent Police, is quashed subject to condition that the petitioners shall pay costs of Rs.10,000/- (Rupees Ten Thousand only) jointly to the Tamil Nadu State Legal Services Authority (TNSLSA), High Court Campus, Chennai 600 104 within a period of two weeks from the date of receipt of a copy of this order.

10. The Joint Memo of Compromise signed by both the parties for compromising the offences, shall form part of the records. 19-12-2025 shl Index:Yes/No Speaking/Non-speaking order

To 1.The Inspector of Police, W7, All Women Police Station, Anna Nagar, Chennai - 600 106.

2. The Public Prosecutor High Court of Madras

A.D.JAGADISH CHANDIRA J.

shl 19-12-2025