(Common Prayer: These Criminal Original Petitions filed under Section 528 of BNSS, to call for the records pertaining to the case registered in First Information Report in Crime No.53 of 2024 dated 19.12.2024, on the file of the 1st respondent and quash the same as illegal.)

Common Order:

1. While Crl.O.P No.310 of 2026 has been filed by the wife to quash the FIR in Crime No.53 of 2024 dated 19.12.2024, Crl.O.P.No.56 of 2026 has been filed by the husband and his family seeking to quash the very same FIR registered for the offences under Sections 85, 316(2) and 318(4) of BNSS, 2023 on the file of the 1st respondent Police on the ground of compromise.

2. By consent, both the cases are taken up together for joint disposal.

3. The issue arose between the parties due to matrimonial dispute. According to the parties, due to misunderstanding, a case has been registered by the de facto complainant / wife against her husband and family. Now the parties have entered into a compromise between themselves. The de facto complainant / wife has no grievance as against her husband and his family.

4. All the parties were present before this Court. The de facto complainant is presently residing in the USA and hence, she was present before this Court through virtual mode at the time of hearing and the parties were identified by their respective counsel and Ms.P.Nirmala, W28 All Women Police Station, Ambattur.

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

6. The learned Additional Public Prosecutor appearing on behalf of the respondent-Police submitted that though the parties have entered into a compromise while this case is 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.

7. 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 Gujrat, 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.

8. In the present case, the offences in question are purely individual/personal in nature. It involves matrimonial dispute between the parties 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.

9. In view of the above, this Court is inclined to quash the FIR against the petitioners (in CRL OP No. 56 of 2026) in Crime No.53 of 2024 dated 19.12.2024, on the file of the 1st respondent Police, in exercise of its jurisdiction under Section 482 of Cr.P.C./528 BNSS.

10. Accordingly, these Criminal Original Petitions are allowed and the FIR in Crime No.53 of 2024 dated 19.12.2024, on the file of the 1st respondent Police is quashed, as against the petitioners (in CRL OP No. 56 of 2026), subject to condition that the petitioners (in CRL OP No. 56 of 2026) shall pay costs of Rs.10,000/- (Rupees Ten Thousand Only) each to the credit of Tamil Nadu State Legal Services Authority, Madras High Court campus, Chennai 600 104, on or before 13.02.2026. Consequently, connected miscellaneous petition is closed.