CRL OP No. 23706 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-08-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 23706 of 2025 1. Murugan 2. Sangeetha 3. Mariyappan 4. Meenakshi Petitioner(s) Vs 1. State rep by The Inspector of police W-14 All Women Police station, Thiruvottiyur, Chennai-600 019 2.S.Rithu Barna Respondent(s) 1/7 https://www.mhc.tn.gov.in/judis CRL OP No. 23706 of 2025 PRAYER This Criminal Original Petition has been filed under Section 528 of BNSS To call for the records relating to the FIR registered in Cr.No.7 of 2025 on the file of the Inspector of Police, W-14, All Women Police Station, Chennai -600 019 and quash the same. For Petitioner(s): Mr. Ganesha Moorthy B. For Respondent(s): Mr. R. Vinothraja Govt. Advocat (crl.side) for R1 Mr. B. Thiyagarajan, for R2 ORDER This Criminal Original Petition has been filed to quash the Crime No.7 of 2025 pending on the file of the first respondent for the offence under sections 498(A) IPC, Section 4 of Dowry Prohibition Act and Section 4 of Tamilnaldu Prohibition of Harassment of Women Act. 2/7 https://www.mhc.tn.gov.in/judis CRL OP No. 23706 of 2025 2. The complaint has been lodged by the second respondent. The first petitioner is the husband and the other petitioners are in laws of the second respondent. The crux of the allegation is that the petitioners have demanded dowry and harassed the defacto complainant/second respondent, thereby subjecting her to cruelty. 3. The petitioners and the de-facto complainant/R2 appeared before this Court and they were identified by their respective counsel as well as by M/s.K.Renuka, S.S.I., W-14, All Women Police Station, Thiruvottiyur. 4. The defacto complainant stated before this Court that she has compromised the issue with the petitioners and since the subject matter of the dispute was amicably settled between the petitioners and the 2 nd respondent, she does not want to proceed with the criminal proceedings. They have also filed a Joint Memo of Compromise entered between herself and the petitioners to that effect. 3/7 https://www.mhc.tn.gov.in/judis CRL OP No. 23706 of 2025 5. 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. 6. The allegation in the complaint is the matrimonial dispute. The defacto complainant herself appeared before this Court and stated that she is not willing to proceed with the criminal proceedings. 7. The main issue that requires for consideration of this Court is as to whether this Court can quash the criminal proceedings involving non- compoundable offences pending against the petitioner. The Hon'ble Supreme Court in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, reported in 2017 9 SCC 641 and in case of The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, has given 4/7 https://www.mhc.tn.gov.in/judis CRL OP No. 23706 of 2025 sufficient guidelines that must be taken into consideration by this Court while exercising its jurisdiction under Section 528 of 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 it gets 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 the matrimonial 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.7 of 2025 pending on the file of the first respondent in exercise of its jurisdiction under Section 528 of BNSS. 5/7 https://www.mhc.tn.gov.in/judis CRL OP No. 23706 of 2025 9. Accordingly, this Criminal Original Petition is allowed and the First Information Report registered in Crime No.7 of 2025 pending on the file of the first respondent, is quashed. The Joint Memo of Compromise filed by the petitioners and the second respondent for compromising the offences shall form part of the records. 26-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No mrp To The Inspector of police W-14 All Women Police station, Thiruvottiyur, Chennai-600 019 6/7 https://www.mhc.tn.gov.in/judis CRL OP No. 23706 of 2025 N.SATHISH KUMAR J. mrp CRL OP No. 23706 of 2025 26-08-2025 7/7 https://www.mhc.tn.gov.in/judis