Crl.O.P.No.30986 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.11.2025 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 30986 of 2025 1.R.Poomani 2.R.Surya ... Petitioners Vs. 1.The State Rep by The Special Sub-Inspector of Police, Rasipuram Police Station, Namakkal District. (Crime No.99 of 2024) 2.Katharbee ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of 1/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30986 of 2025 Bharatiya Nagarik Suraksha Sanhita, to call for the records in Crime No.99 of 2024 dated 25.04.2024 on the file of the 1 st respondent / Rasipuram Police Station and quash the same. For Petitioner : Mr. P.A.Arvinth Viveks For Respondent 1 : Mr. R.Vinothraja Government Advocate (Criminal Side) For Respondent 2 : Mr. S.Adwaith O R D E R This criminal original petition has been filed to call for the records in Crime No.99 of 2024 dated 25.04.2024 on the file of the 1 st respondent / Rasipuram Police Station and quash the same. 2. The FIR has been registered based on the complaint lodged by the 1 st petitioner’s wife with regard to family dispute between them. 2/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30986 of 2025 3. The petitioners have filed an affidavit and they, along with the second respondent, have filed a Joint Compromise Memo, wherein, it has been stated that the petitioners and the second respondent, have amicably settled the issue between themselves and hence, seek to quash FIR in Crime No.99 of 2024, on the file of the first respondent. 4. Mr. T.Subramanian, Special Sub-Inspector of Police, Rasipuram Police Station, Namakkal District, was present before this Court and he informed this Court that the de facto complainant and the petitioners had approached him and informed that since they have amicably settled the dispute between them, they do not want to proceed further with the criminal proceedings. 5. The de facto Complainant was also present before this Court 3/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30986 of 2025 at the time of hearing. This Court enquired the de facto complainant and she had stated that they had amicably settled the dispute between themselves and she is not willing to proceed with the criminal proceedings and seeks to quash the same. 6. 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. 7. 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 @ 4/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30986 of 2025 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. 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. 5/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30986 of 2025 9. In view of the above, this Court is inclined to quash FIR in Crime No.99 of 2024 on the file of the first respondent, in exercise of its jurisdiction under Section 482 of Cr.P.C. 10. Accordingly, this criminal original petition is disposed of and the FIR in Crime No.99 of 2024 on the file of the first respondent, is quashed on condition that the petitioners shall pay a sum of Rs.5000/- (Rupees Five Thousand only) each, 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 Compromise Memo filed by the petitioners and the second respondent for compromising the offences shall form part of the records. 13.11.2025 6/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30986 of 2025 Neutral Citation:Yes/No kan To 1.The Special Sub-Inspector of Police, Rasipuram Police Station, Namakkal District. 2.The Public Prosecutor, Madras High Court, Chennai. 7/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30986 of 2025 A.D.JAGADISH CHANDIRA , J. kan Crl.O.P.No. 30986 of 2025 8/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30986 of 2025 13.11.2025 9/9 https://www.mhc.tn.gov.in/judis