(Prayer: This Criminal Original Petition filed under Section 528 BNSS, to call for the records in C.C.No.2811 of 2017 pending before the II Metropolitan Magistrate, Egmore, Chennai and quash the same by allowing this Criminal Original Petition.)
1. This Criminal Original Petition has been filed to quash the proceedings in C.C.No.2811 of 2017 on the file of the II Metropolitan Magistrate, Egmore, Chennai for the offences under Sections 294(b), 506(i) and 353 of IPC on the ground of compromise.
2. The case of the prosecution is that the de facto complainant is working as a Public Relation Officer in Kilpauk Post office. On 27.07.2016, the petitioners allegedly came to the said post office and picked up a quarrel with him by abusing him in filthy language. Hence, the present case.
3. The learned counsel for the petitioners submitted that the parties have entered into a compromise between themselves. The de facto complainant / second respondent has no grievance as against the petitioners and to that effect, a Memo of Compromise dated 09.01.2026, has also been filed.
4. The petitioners and the de facto complainant were present before this Court at the time of hearing and they were identified by their respective counsel and Ms.P.Sasikala, Sub Inspector of Police, SI 17630, G3 Kilpauk Police Station, Chennai.
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 Government Advocate (Crl. Side) 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 dispute between the petitioners 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.
9. In view of the above, this Court is inclined to quash the proceedings against the petitioners in C.C.No.2811 of 2017 on the file of the II Metropolitan Magistrate, Egmore, Chennai, in exercise of its jurisdiction under Section 482 of Cr.P.C./528 BNSS.
10. Accordingly, this Criminal Original Petition is allowed and the proceedings in C.C.No.2811 of 2017 on the file of the II Metropolitan Magistrate, Egmore, Chennai, is quashed, as against the petitioners.
11. The Memo of Compromise dated 09.01.2026, filed by the parties for compromising the offences shall form part of the records.




