Raja v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Raja ..Petitioner Vs

1. The Inspector of Police W-33, All Women Police Station, Virugambakkam, Chennai.

(Crime No.02/2025)

2. Punitha ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the case in Crime No. 2 of 2025 pending investigation on the file of the first respondent police, and quash the same.

For Petitioner :

Mr.Thiyagarajan B For Respondent(s):

Mr.K.M.D.Muhilan, Additional Public Prosecutor For R1 Mr.D.R.Ashokkumar For R2

ORDER

The present Criminal Original Petition has been filed seeking to quash the proceedings in Crime No. 2 of 2025, pending investigation on the file of the first respondent, on the basis of the compromise arrived at between the petitioner and the de facto complainant/second 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.2 of 2025 was registered on the file of the first respondent Police against the petitioner, for the offence under Sections 69 of BNS.

4.

Learned counsel appearing for the petitioner as well as for the de facto complainant submitted that there was a consensual relationship between the petitioner and the de facto complainant and later on, due to misunderstanding and frustration, the de facto complainant gave a false complaint, based on which the respondent police have registered a case, which is pending investigation. Now, the parties have amicably settled the issue among themselves. Hence, they seek to quash the proceedings pending against the petitioner. Affidavits and a Joint Compromise Memo to that effect have also been filed.

5.

The petitioner and the de facto complainant/R2, appeared before this Court and were identified by their respective counsel as well as by Ms.N.Priyadarshini, WPC 57061, W-33, Virugambakkam All Women Police Station, Chennai.

6.

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 criminal proceedings and therefore, seeks to quash the same.

7.

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 petitioner. 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. (corresponding to Section 528 BNSS), to quash noncompoundable 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 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 proceedings pending against the petitioner in Crime No.2 of 2025, on the file of the Inspector of Police, W-33, All Women Police Station, Virugambakkam, Chennai, in exercise of its jurisdiction under Section 482 Cr.P.C./Section 528 BNSS.

10. Accordingly, this Criminal Original Petition stands allowed and the proceedings in Crime No.2 of 2025, on the file of the Inspector of Police, W-33, All Women Police Station, Virugambakkam, Chennai, is quashed as against the petitioner.

11. The affidavits and the Joint Memo of Compromise filed by the petitioner and the second respondent for compromising the offences shall form part of the records.

02-01-2026 Index: Yes/No Speaking/Non-speaking order SRM

To 1.

The Inspector of Police, W-33, All Women Police Station, Virugambakkam, Chennai.

2.

The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

SRM 02-01-2026