Poonguzhali Vs The State Rep by, The Inspector of Police

COMMON PRAYER : Criminal Original Petitions filed under Section 528 of B.N.S.S. to call for the records relating to the case in C.C.No.60 of 2024 on the file of the learned Judicial Magistrate, Arni and quash the same.

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For Petitioners in Crl.O.P.No.25320 of 2025 : Mr.V.R.Appaswamee

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.25320 and 31775 of 2025

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For Petitioners in Crl.O.P.No.31775 of 2025 : Mr.K.S.Karthik Raja For 1^st Respondent in both Crl.O.P.s : Mr.K.M.D.Muhilan Additional Public Prosecutor For 2^nd Respondent in both Crl.O.P.s : Ms.Radhika Boopathi

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C O M M ON O R D E R

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These Criminal Original Petitions have been filed to quash the proceedings in C.C.No.60 of 2024, for the offences under Sections 498(A), 494, 109 and 506(1) of IPC on the file of the learned Judicial Magistrate, Arni on the ground of compromise.

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2. The learned counsel for the petitioners submitted that the matter arises out of matrimonial dispute and now, the parties have compromised the matter and that the de facto complainant has no objection in the criminal proceedings against the petitioners quashed and that a Joint Memorandum of Compromise dated 07.11.2025 has also been filed to that effect.

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The petitioners and the de facto complainant/2 nd respondent, were present before this Court at the time of hearing and they were identified by

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.25320 and 31775 of 2025 their respective counsel and by Ms.R.Premakumar, WSSI, AWPS, Arni.

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This Court also enquired both the parties and is satisfied that the parties have come to an amicable settlement between themselves.

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The learned Additional Public Prosecutor appearing on behalf of the respondent-Police submitted that though the parties have entered into a compromise while this case is pending, this Court, taking into account the seriousness of the offences, has to consider the issue as to whether offences of this nature can be quashed on the ground of compromise between parties.

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6. 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./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 3/6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.25320 and 31775 of 2025 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.

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In the present cases, 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.

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In view of the above, this Court is inclined to quash the proceedings against the petitioners in both the instant cases in C.C.No.60 of 2024, on the file of the learned Judicial Magistrate, Arni in exercise of its jurisdiction under Section 482 of Cr.P.C./528 BNSS.

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9. Accordingly, these Criminal Original Petition s are allowed and the proceedings against the petitioners in both the instant petitions in C.C.No.60 of 2024 on the file of the learned Judicial Magistrate, Arni is quashed. Consequently, the connected Miscellaneous Petitions are closed.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.25320 and 31775 of 2025

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10. The Joint Memorandum of Compromise dated 07.11.2025 signed

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by the parties for compromising the offences shall form part of the records.

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25.11.2025