Non-compoundable offences can be quashed under Section 482 Cr.P.C. if the dispute is purely individual or personal in nature and does not affect any overriding public interest.

Criminal Original Petition is filed under Section 528 of Bharatiya Narik Suraksha Sanhita/ Section 482 Cr.P.C., to call for the records in C.C.No.7 of 2025 in connection with the Crime No.884 of 2021 on the file of the Judicial Magistrate, Ambattur and quash the Charge sheet.

O R D E R

This Criminal Original Petition has been filed seeking to call for the records in C.C.No.7 of 2025 in connection with Crime No.884 of 2021 on the file of the Judicial Magistrate, Ambattur and to quash the charge sheet.

2. Learned counsel appearing for the petitioners would submit that, it is a case of case and counter; the first petitioner is father-in-law of the de facto complainant; the second petitioner is the wife of the de facto complainant and due to a matrimonial dispute, complaint has been given against the petitioners. He would submit that based on the complaint given by the second petitioner, a case in Crime No.883 of 2021, has been registered against the de facto complainant. As a counterblast, based on the complaint given by the de facto complainant/R2, a case in Crime No.884 of 2021, was registered for the offences under Sections 294(b), 323, 506(i), 147, 447 and 34 of Indian Penal Code. Now, due to intervention of elders and well-wishers, the parties have compromised the matter and divorce has also been granted to the second petitioner and the de facto complainant by mutual consent. He would further submit that the parties did not want to proceed further with the matter and he would seek that the matter may be quashed on the basis of the compromise between the parties.

3.Heard the learned counsel appearing for the petitioners, the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

4.The petitioners have stated that they have settled the dispute with the de facto complainant amicably and hence, seek to quash the impugned proceedings. They have also filed an affidavit and a Joint Memo of Compromise to that effect.

5.The petitioners and the de facto complainant/R2 appeared before this Court and were identified by their respective counsel as well as by Mr.M.Perumal, Sub-Inspector of Police, T-10, Thirumullaivoyal Police Station.

6.On being enquired by this Court, the de facto 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, and the second petitioner also submits that she will not pursue the case in Crime No.883 of 2021, which is also pending before the same respondent police, and she also has no objection to the counter case being closed therein.

7.The learned Additional Public Prosecutor 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 offences, has to consider the issue as to whether offences of this nature can be quashed on the ground of compromise between parties.

8.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 @ 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