(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C/528 of BNSS to call for the records pertaining to the FIR in Cr.No.28 of 2013 on the file of the Inspector of Police, D6 Anna Square Police Station at Chennai.)

1. This Criminal Original Petition has been filed seeking to quash the FIR in Cr.No.28 of 2013 on the file of the Inspector of Police, D6 Anna Square Police Station at Chennai.

2. The learned counsel for the petitioners submitted that the alleged incident is said to have occurred in the year 2013, however, till date, no charge sheet has been filed. He further submitted that at the time of the alleged occurrence, the petitioners were pursuing their studies in a college.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent police.

4. Based on the complaint given by the de facto complainant/R2, a case in Crime No.28 of 2013, was registered for the offences under Sections 147, 148, 341, 324, 323 and 506(ii) of Indian Penal Code, 1860.

5. The petitioners have stated that they have settled the dispute with the de facto complainant amicably and hence, seek to quash the First Information Report. They have also filed an affidavit and a Joint Memo of Compromise to that effect.

6. The petitioners and the de facto complainant/R2 appeared before this Court and were identified by their respective counsel as well as by Ms.S.Devasundari, Sub Inspector, D6, Anna Square Police Station, Triplicane, Chennai.

7. On being enquired by this Court, the de facto complainant stated that he has amicably settled the dispute with the petitioners and he is not willing to pursue the criminal proceedings and therefore, seeks to quash the same.

8. The learned Government Advocate (Crl.Side) 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.

9. The main issue that requires the consideration of this Court is as to whether this Court can quash the criminal proceedings involving non compoundable 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, 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.

10. 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 registered in Crime No.28 of 2013 pending on the file of the first respondent, in exercise of its jurisdiction under Section 482 of Cr.P.C.

11. In view of the above, the First Information Report in Crime No.28 of 2013 pending on the file of the first respondent police is quashed as against the petitioners and this criminal original petition is disposed of on condition that the petitioners shall pay a sum of Rs.10,000/- jointly (Rupees Ten Thousand only) 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. The affidavit and the Joint Memo of Compromise filed by the petitioners and the second respondent for compromising the offences shall form part of the records.

12. List the matter on 02.01.2026, under the caption ‘for reporting compliance’.