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CDJ 2025 MHC 8317
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| Court : High Court of Judicature at Madras |
| Case No : Crl. O.P. No. 33067 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA |
| Parties : Chandrasekar Versus State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Neelankarai, Chennai & Another |
| Appearing Advocates : For the Petitioner: R. Muthukumar, Advocate. For the 1st Respondent: S. Santhosh, Government Advocate (Crl. Side). |
| Date of Judgment : 05-12-2025 |
| Head Note :- |
B.N.S.S. - Section 528 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 528 of B.N.S.S.
- Sections 85 and 117 (2) of BNS
- Section 482 of Cr.P.C.
2. Catch Words:
- compromise
- noncompoundable offences
- quash
- criminal proceedings
- settlement
- jurisdiction
- public interest
3. Summary:
The petitioner filed a criminal original petition under Section 528 of the B.N.S.S. seeking to quash FIR No. 24 of 2025, alleging offences under Sections 85 and 117(2) of BNS. The petitioner and the de facto complainant (husband‑wife) have amicably settled the dispute, and the complainant filed an affidavit withdrawing the complaint. The court examined whether the offences are non‑compoundable and of public interest, referring to the Supreme Court’s guidelines in *Parbathbhai Aahir v. State of Gujarat*. It held that the offences are purely personal and do not affect overriding public interest. Consequently, exercising its power under Section 482 Cr.P.C., the court quashed the FIR and the final report, subject to a cost order. The affidavit of compromise was ordered to be kept as part of the record, and compliance was to be reported on 06‑01‑2026.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records in Crime No.24 of 2025 on the file of the Inspector of Police, All Women Police Station, Neelankarai, Chennai, the first respondent police herein and quash the same.)
1. This Criminal Original Petition has been filed to quash the First Information Report in Crime No.24 of 2025, registered against the petitioner for the offences under Sections 85 and 117 (2) of BNS, pending on the file of the first respondent police, on the ground of compromise.
2. The learned counsel for the petitioner would submit that the petitioner and the de facto complainant are husband and wife. Now the parties have amicably settled the dispute between themselves and the de facto complainant does not want to proceed with the complaint against the petitioner and she has also filed an affidavit to that effect.
3. The petitioner and the de facto complainant/second respondent were present before this Court at the time of hearing and they were identified by the learned counsel for the petitioner and by Ms.U.Rubini, WPC 63219, W-30, A.W.P.S., Neelankarai.
4. This Court enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
5. The learned Government Advocate (Crl. Side), appearing on behalf of the first respondent police, submitted that the investigation in this case has already been completed and the final report has also been filed through e-filing.
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 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./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.
7. In the present case, the offences in question are purely individual/personal in nature. It involves dispute between the petitioner 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 further proceedings against the petitioner in Crime No.24 of 2025 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 petitioner in Crime No.24 of 2025, on the file of the first respondent police, is quashed. Consequently, the final report filed against the petitioner, is also quashed subject to condition that the petitioner shall pay costs of Rs.5,000/- (Rupees Five Thousand Only) to the credit of Tamil Nadu State Legal Services Authority, on or before 23.12.2025.
10. The affidavit filed by the de facto complainant dated 22.10.2025, for compromising the offences, shall form part of the records.
11. Post the matter on 06.01.2026 “for reporting compliance.”
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