(Prayer: This petition has been filed seeking to call for the records in connection with Crime No.558 of 2023 pending on the file of the Inspector of Police, Kovilpalayam Police Station, Coimbatore and quash the same in respect of the petitioners/A1 to A6 herein.

This petition has been filed seeking to call for the records in connection with Crime No.559 of 2023 pending on the file of the Inspector of Police, Kovilpalayam Police Station, Coimbatore and quash the same in respect of the petitioner herein.)

Common Order:

1. The present Criminal Original Petitions have been filed seeking to call for the records in connection with Crime Nos.558 & 559 of 2023 respectively pending on the file of the Inspector of Police, Kovilpalayam Police Station, Coimbatore and quash the same in respect of the petitioners/accused herein on the ground of compromise.

2. Heard both sides and perused the materials available on record.

3. Based on the complaint given by the de facto complainant/R2, cases in Crime Nos.558 & 559 of 2023 were registered on the file of the first respondent Police against the accused, for the offences under Sections 147, 348, 323, 379 & 506(ii) of IPC.

4. The learned counsel appearing for the parties would submit that it is a case of case and counter. The petitioners in Crl.OP.No.7007 of 2026 and the petitioner in Crl.OP.No.7009 of 2026 were students studying at SNS College, Coimbatore. Due to a misunderstanding between the parties, there was a quarrel and hence, the case and the counter case were given against each other. Later, the parties being students, on the advice of elders, they have now amicably settled the issue among themselves. Hence, they seek to quash the aforesaid case as against the petitioners. Affidavits and a Joint Memo of Compromise to that effect have also been filed.

5. The petitioners and the de facto complainant & R2 appeared before this Court and they were identified by their respective learned counsel as well as by the Inspector of Police, Kovilpalayam Police Station, Coimbatore.

6. On being enquired by this Court, the de facto complainant & R2 stated that they amicably settled the dispute with the petitioners and they are not willing to pursue the criminal proceedings and therefore, seeks to quash the same.

7. The learned Government Advocate(Crl.Side) appearing on behalf of the first respondent would submit that the petitioners in both the cases were students studying at SNS College, Coimbatore. One V.Praveen Kumar/ de facto complainant, who is an accused in Crime No.558 of 2023 had given a complaint alleging that the petitioner/accused 1 viz., S.Manikandan committed theft of the jewels. During enquiry, the said V.Praveen Kumar/de facto complainant and his friends had taken the said S.Manikandan to their hostel room and assaulted him. Based on the complaint given by the said Manikandan, a case in Crime No.559 of 2023 was registered. He would further submit suspecting that the said Manikandan would have taken the jewels, a case was registered against him. But, till date, the jewels have not been recovered. He would further submit that though the parties have entered into a compromise while these cases are pending on the file of the Inspector of Police, Kovilpalayam Police Station, Coimbatore, this Court, taking into account the seriousness of the offences, has to consider the issue as to whether the 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 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.

9. In the present cases, 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 proceedings in Crime Nos.558 & 559 of 2023 respectively pending against the petitioners on the file of the Inspector of Police, Kovilpalayam Police Station, Coimbatore.

10. Accordingly, these Criminal Original Petitions stand allowed and the proceedings in Crime Nos.558 & 559 of 2023 respectevely pending against the petitioners on the file of the Inspector of Police, Kovilpalayam Police Station, Coimbatore, are quashed as against the petitioners.

11. The affidavits and the Joint Memo of Compromise filed by the petitioners and the second respondent for compromising the offences shall form part of the records.