Non-compoundable offences of purely personal nature can be quashed under Section 482 CrPC/528 BNSS if no public interest is affected.

O R D E R

This criminal original petition has been filed seeking to quash the proceedings in C.C.No.1564 of 2025, on the file of the Judicial Magistrate Court No.I, Villupuram, on the basis of the compromise arrived at between the petitioner and the de facto complainant/2^nd respondent.

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

3. Based on the complaint given by the de facto complainant/R2, a case in Crime No.603 of 2021 was registered on the file of the 1^st respondent-police as against the petitioner, for the offences under Sections 153, 171(G), 500 & 504 of IPC and Section 125 of the Representation of People Act. After completion of investigation, the final report was filed before the court concerned on 16.06.2021 for the abovesaid offences and the same was taken on file by the Judicial Magistrate Court No.I, Villupuram in C.C.No.1564 of 2025.

4. Learned counsel for the petitioner as well as the learned counsel appearing for the 2^nd respondent/de facto complainant submitted that the parties have now amicably settled the issue among themselves. Hence, they seek to quash the proceedings pending against the petitioner in C.C.No.1564 of 2025. A Joint Compromise Memo to that effect has also been filed by the parties.

5. The petitioner and the de facto complainant/R2 appeared before this Court and were identified by their respective counsel.

6. On being enquired by this Court, the 2^nd respondent/de facto complainant stated that he has amicably settled the dispute with the petitioner and he is not willing to pursue the criminal proceedings and therefore, seeks to quash the same.

7. Learned Government Advocate (Criminal Side) appearing on behalf of the 1^st 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 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.

9. In the present case, the offences in question are purely individual/personal in nature. It involves dispute between the petitioner and the 2^nd 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 petitioner in C.C.No.1564 of 2025 on the file of the Judicial Magistrate Court No.I, Villupuram, in exercise of its jurisdiction under Section 482 Cr.P.C./Section

528 BNSS.

10. Accordingly, this criminal original petition stands allowed and the proceedings in C.C.No.1564 of 2025 pending on the file of the Judicial Magistrate Court No.I, Villupuram, is quashed as against the petitioner.

11. The Joint Memo of Compromise filed b