M.Prabhu v. The State Rep. by the Inspector of Police,

ORDER This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.886 of 2025 pending on the file of the first respondent, on the basis of the compromise arrived at between the petitioners and the de facto complainant/second respondent.

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

¶3Based on the complaint given by the de facto complainant/R2, the aforesaid case in Crime No.886 of 2025 was registered on the file of the first respondent Police against the petitioners, for the offences under Sections 296(b), 115(2), 137(2), 351(2) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act.

¶4Learned counsel appearing for the petitioners as well as for the de facto complainant submitted that the matter arises out of a matrimonial dispute and that on the advice of elders, the parties have now amicably settled the issue among themselves. Hence, they seek to quash the proceedings pending against the petitioners. Affidavits and a Joint Compromise Memo to that effect have also been filed. Page3 of 6

¶5The petitioners and the respondents 2 and 3 appeared before this Court and were identified by their respective counsel as well as by Mr.S.Chandramohan, SSI, K3. Aminjikarai Police Station, Chennai.

¶6On being enquired by this Court, the respondents 2 and 3 stated that they have amicably settled the dispute with the petitioners and they are not willing to pursue the criminal proceedings and therefore, seeks to quash the same.

¶7Learned Government Advocate (Criminal Side) appearing on behalf of the first respondent submitted that though the parties have 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 offences of this nature can be quashed on the ground of compromise between parties.

¶8The 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 @ 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-Page4 of 6 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.

¶9In 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 first information report pending against the petitioners in Crime No.886 of 2025, pending on the file of the first respondent, in exercise of its jurisdiction under Section 482 Cr.P.C./Section 528 BNSS.

¶10Accordingly, this Criminal Original Petition stands allowed and the first information report in Crime No.886 of 2025 pending on the file of the first respondent, is quashed as against the petitioners. Page5 of 6

¶11The 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. 13-02-2026 Index: Yes/No Speaking/Non-speaking order VKR To

1.The Inspector of Police, K-3 Aminjikarai Police Station, Aminjikarai, Chennai-29.

2.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o3596oofo2026 A.D.JAGADISHoCHANDIRA,oJ. VKR CRLoOPoNo.o3596oofo2026 13-02-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA 1. M.Prabhu 2. Dhanalakshmi 3. Thilagavathi 4. Babi @ Ammu ..Petitioner(s) Vs 1. The State Rep. by the Inspector of Police, K-3 Aminjikarai Police Station, Aminjikarai, Chennai-29. (Crime No.886 of 2025) 2. P.Kuppammal 3. P.Roobini ..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for record relating to Crime No.886 of 2025 pending on the file of the first respondent and quash the same. For Petitioner(s): Mr.N.Kannan For Respondent(s): Mr.S.Santhosh Government Advocate (Crl.Side) for R1 Ms.A.Aishwarya for R2 & R3 Page2 of 6