(Prayer: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records pertaining to the impugned Charge Sheet in C.C.No.709 of 2024 on the file of the District Munsif-cum-Judicial Magistrate Court, Sholinganallur and quash the same as illegal insofar as the petitioners are concerned.

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records pertaining to the impugned Charge Sheet in S.C.No.173 of 2023 on the file of the learned Principal District Judge, Chengalpattu and quash the same as illegal insofar as the petitioners are concerned.)

Common Order:

1. These criminal original petitions have been filed seeking to quash the proceedings in C.C.No.709 of 2024, pending on the file of the District Munsif-cum-Judicial Magistrate Court, Sholinganallur and S.C.No.173 of 2023, pending on the file of the Principal District Court, Chengalpattu, respectively on the basis of the compromise arrived at between the parties.

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

3. Based on the complaint given by the 2nd respondent/de facto complainant in Crl.O.P.No.29316 of 2025, a case in Crime No.155 of 2022 was registered on the file of the 1st respondent-police as against the petitioners in Crl.O.P.No.29316 of 2025 and others, for the offences under Sections 147, 324 & 506(II) of IPC and after completion of investigation, the final report was filed before the District Munsif-cum-Judicial Magistrate Court, Sholinganallur for the offences under Sections 147, 324, 506(II), 34 and 326 of IPC and the same was taken on file in C.C.No.709 of 2024 and on the other hand, based on the complaint given by the 2nd respondent/de facto complainant in Crl.O.P.No.30481 of 2025, a case in Crime No.153 of 2024 was registered on the file of the 1st respondent-police as against the petitioners in Crl.O.P.No.30481 of 2025 and others, for the offences under Sections 147, 148, 365, 364A, 342, 392, 307, 506(II) and 149 of IPC and after completion of investigation, the final report was filed before the Principal District Court, Chengalpattu for the offences under Sections 147, 148, 365, 364A, 342, 392, 307, 506(II), 149 & 397 of IPC and the same was taken on file in S.C.No.173 of 2023, which are now sought to be quashed.

4. Learned counsel appearing for the respective petitioners as well as the de facto complainants submitted that it is a dispute between the students and that it is a case of case and counter case and that the parties have now amicably settled the issue among themselves. Hence, they seek to quash the impugned proceedings pending against the respective petitioners. Affidavits and a Joint Compromise Memo to that effect have also been filed.

5. The respective petitioners and the respective de facto complainants and their parents appeared before this Court and were identified by their respective counsel as well as by Mr.T.Gopi, SI, T-16, Semmencherry Police Station, Sholinganallur, Chennai. However, owing to a bereavement in his family, the 1st petitioner in Crl.O.P.No.30481 of 2025 is unable to appear before this Court in person today and as the 3rd petitioner in Crl.O.P.No.30481 of 2025 is suffering from Dengue, he appeared through Video Conferencing mode and due to some unavoidable circumstances, the 2nd petitioner in Crl.O.P.No.29316 of 2025 was unable to appear before this court in person and he appeared through video conferencing mode.

6. On being enquired by this Court, the respective de facto complainants stated that they have amicably settled the dispute and that they are not willing to pursue the criminal proceedings and therefore, seek to quash the same.

7. Learned Additional Public Prosecutor appearing on behalf of the 1st respondent-police submitted that though the parties have entered into a compromise while these cases are 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 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 cases, the offences in question are purely individual/personal in nature. It involves dispute between the respective petitioners and the respective 2nd respondents 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 respective petitioners in C.C.No.709 of 2024, pending on the file of the District Munsif-cum-Judicial Magistrate Court, Sholinganallur and S.C.No.173 of 2023, pending on the file of the Principal District Court, Chengalpattu, in exercise of its jurisdiction under Section 482 Cr.P.C./Section 528 BNSS.

10. Accordingly, these criminal original petitions stand disposed of and the proceedings in C.C.No.709 of 2024, pending on the file of the District Munsif-cum-Judicial Magistrate Court, Sholinganallur and S.C.No.173 of 2023, pending on the file of the Principal District Court, Chengalpattu, are quashed as against the respective petitioners.

11. The affidavits and the Joint Memo of Compromise filed by the respective petitioners and the respective 2nd respondents for compromising the offences shall form part of the records.