CRL OP No. 16121 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 16121 of 2026 1.R.Seenuvasan 2.S.Govindaraj 3.R.Arul ..Petitioner(s) Vs 1.The State rep.by, The Inspector of Police, Dusi Police Station, Tiruvannamalai district. 2.Ramadass ..Respondent(s) To call for the entire records connected with the charge sheet in SC.No.17 of 2025 on the file of the learned Additional District Judge (Fast Track court), Arni and quash the same. For Petitioner(s): Mr.Sathiyaraj E. For Respondent(s): Mr.R.Rajasekaran, G.A.(Crl. Side), for R1 ORDER The petitioners/accused 2 to 4, who are facing trial for the offences under Sections 304(2), 201 of IPC, in SC.No.17 of 2025 on the file of the learned Additional District Judge (Fast Track court), Arni, has filed this quash petition. __________ Page1 of 9 https://www.mhc.tn.gov.in/judis CRL OP No. 16121 of 2026 2.The case of the prosecution is that the deceased Nanthakumar, aged about 19 years, was studying II year B.Com. The deceased was working as a driver in a lorry belonging to the third accused and he transported stone from the quarry belonging to the first accused. On 13.01.2023 at about 02.00 a.m., while the deceased was loading stone into the lorry, suddenly the lorry fell down and the deceased sustained injury. The second accused took the deceased to a Hospital, and the Doctor informed that he was declared dead. Hence, the second respondent lodged a complaint and an FIR came to be registered. Upon completion of investigation, a final report was filed and the same has been taken on file in SC.No.17 of 2025 on the file of the learned Additional District Judge (Fast Track court), Arni 3.The learned counsel for the petitioners submitted that the petitioners/accused and the de facto complainant amicably settled the issue among themselves. The accused 1 and 2 had entered into an agreement of compensation, and as per the agreement, the second respondent received a sum of Rs.19,00,000/-. Since the first accused was in abroad, he is not made as a party to the proceedings, however, the second respondent has no objection to quash the proceedings against the first accused also. In view of the settlement, they have filed a Joint Compromise Memo, which was scanned and reproduced hereunder: __________ Page2 of 9 https://www.mhc.tn.gov.in/judis CRL OP No. 16121 of 2026 __________ Page3 of 9 https://www.mhc.tn.gov.in/judis CRL OP No. 16121 of 2026 __________ Page4 of 9 https://www.mhc.tn.gov.in/judis CRL OP No. 16121 of 2026 __________ Page5 of 9 https://www.mhc.tn.gov.in/judis CRL OP No. 16121 of 2026 4.The learned Govt. Advocate (Crl.side) appearing for the first respondent submitted that based on complaint of the second respondent, the case came to be registered against the petitioners. He further submitted that though the parties have entered into a compromise, this Court, taking into account the seriousness of the offence, has to consider as to whether offences of this nature can be quashed on the ground of compromise between parties. 5.Heard both sides and perused the materials available on record. 6.The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 7.The petitioners and the second respondent/defacto complainant appeared before this Court and were duly identified by the counsel and the respondent Police. 8.On interaction by this Court, the second respondent/defacto complainant stated that he has amicably settled the dispute with the petitioners and he is not willing to pursue the criminal proceedings and therefore, seeks to quash the same. __________ Page6 of 9 https://www.mhc.tn.gov.in/judis CRL OP No. 16121 of 2026 9.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 petitioner. 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 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. 10.In the present case, 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 pending against the petitioners and also the first accused in SC.No.17 of 2025. __________ Page7 of 9 https://www.mhc.tn.gov.in/judis CRL OP No. 16121 of 2026 11.Accordingly, this Criminal Original Petition stands allowed and the proceedings in SC.No.17 of 2025 on the file of the learned Additional District Judge (Fast Track court), Arni, is quashed against all the accused including the first accused. 12.The affidavits and the Joint compromise Memo filed by the petitioners and the second respondent for compromising the offences shall form part of the records. 25-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PVS To 1.The Additional District Judge (Fast Track court), Arni 2.The Inspector of Police, Dusi Police Station, Tiruvannamalai district. 3.The Public Prosecutor, High Court, Madras __________ Page8 of 9 https://www.mhc.tn.gov.in/judis CRL OP No. 16121 of 2026 M.NIRMAL KUMAR, J. PVS CRL OP No. 16121 of 2026 25-06-2026 __________ Page9 of 9 https://www.mhc.tn.gov.in/judis