Dhanda pani & Ors. v. The State & Ors.

CRL OP No. 825 of 2026__________Page1 of 10IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 20-02-2026CORAMTHE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRACRL OP No. 825 of 20261.Dhanda pani2.Meyn Leon Victor Ebony3.Dinesh Jayapal4.Muthu Kumar5.J.K.Vijayaramani..Petitioner(s)Vs1.The State Rep. by The Inspector of Police,P6 Kodungaiyur Police Station,Chennai - 600 118.(Crime No.486 of 2025)2.Gayathri..Respondent(s)Prayer: This Writ petition (Crl.) filed under Section 528 of BNSS calling for entire records in Crime No.486 of 2025 on the file of the P6 Kodungaiyur Police Station, Chennai and quash the FIR and all consequential proceedings thereto, in view of the compromise entered between the parties.For Petitioner(s):Mr.K.BommurajFor Respondent(s):Mr.S.Santhosh,Government Advocate (Crl.side) for R1Mr.A.K.Vasantha Kumar for R2ORDER This Court, vide order dated 30.01.2026, disposed of this criminal original petition along with a direction to the petitioners to pay a sum of https://www.mhc.tn.gov.in/judis CRL OP No. 825 of 2026__________Page2 of 10Rs.5,000/- as costs to the credit of Tamil Nadu State Legal Services Authority, Madras High Court campus, Chennai – 600 104 and further directed the Registry to post this matter under the caption “for reporting compliance” on 20.02.2026 (today). Accordingly, this matter is listed today under the caption “for reporting compliance”. 2. Today, when the matter was taken up for hearing, it was brought to the notice of this Court that the order dated 30.01.2026, has been duly complied with by the petitioners.3. Compliance of the order dated 30.01.2026 is recorded.20-02-20262/2RAP https://www.mhc.tn.gov.in/judis CRL OP No. 825 of 2026__________Page3 of 10To1.The Inspector of Police, P6 Kodungaiyur Police Station, Chennai - 600 118.2. The Public Prosecutor, High Court, Madras.3. The Member Secretary, Tamil Nadu State Legal Services Authority, High Court, Madras – 104. https://www.mhc.tn.gov.in/judis CRL OP No. 825 of 2026__________Page4 of 10A.D.JAGADISH CHANDIRA, J.rapCRL OP No. 825 of 202620-02-20262/2 https://www.mhc.tn.gov.in/judis CRL OP No. 825 of 2026__________Page5 of 10IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.01.2026CORAM:THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRACrl.O.P.No.825 of 20261.Dhanda Pani 2.Meyn Leon Victor Ebony3.Dinesh Jayapal4.Muthu Kumar5.J.K.Vijayaramani… PetitionersVs.1.The State rep by The Inspector of Police P6 Kodungaiyur Police Station,Chennai-600118.Crime No.486 of 2025.2.Gayathri... RespondentsPRAYER: Criminal Original Petitions filed under Section 528 of B.N.S.S. to call for the records in Cr.No.486 of 2025 on the file of the P6, Kodungaiyur Police Station, Chennai quash both the FIR and all consequential proceedings thereto in view of the compromise entered between the parties. For Petitioners : Mr.K.Bommuraj For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side) for R1 Mr.A.K.Vasantha Kumar for R2 ORDERThis Criminal Original Petition has been filed to quash the First Information Report in Crime No.486 of 2025, on the file of the first respondent https://www.mhc.tn.gov.in/judis CRL OP No. 825 of 2026__________Page6 of 10Police, on the ground of compromise. 2. Based on the complaint lodged by the de facto complainant/second respondent, a case in Crime No.486 of 2025 was registered against the petitioners on 27.09.2025, for the offences under Section 191(2), 296(b), 115(2), 351(2) of BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.3. The learned counsel appearing for the petitioners would submit that now, the petitioners and the de facto complainant have amicably settled the dispute between themselves and a Memo of Compromise has also been filed to that effect.4. At this juncture, the learned Government Advocate (Crl. Side) appearing on behalf of the first respondent police submitted that it is a case of case and counter . He further submitted that the investigation ii this case is almost completed and the final report is yet to be filed.5. The petitioners and the de facto complainant/second respondent were present before this Court at the time of hearing and they were identified by their respective counsel. https://www.mhc.tn.gov.in/judis CRL OP No. 825 of 2026__________Page7 of 106. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves and the de facto complainant has no objection in quashing the FIR against the petitioners.7. 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./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.8. In the present case, 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. https://www.mhc.tn.gov.in/judis CRL OP No. 825 of 2026__________Page8 of 109. In view of the above, this Court is inclined to quash the criminal proceedings against the petitioners in exercise of its jurisdiction under Section 482 of Cr.P.C./528 BNSS.10. Accordingly, this Criminal Original Petition is allowed and the First Information Report registered against the petitioner in Crime No.486 of 2025 dated 27.09.2025, on the file of the first respondent Police, is quashed and consequently, the further proceedings in respect of the Crime No.486 of 2025, subject to condition that each petitioner shall pay costs of Rs.5,000/- (Rupees Five Thousand Only), to the credit of Tamil Nadu State Legal Services Authority, Chennai, on or before 20.02.2026.11. The Memo of Compromise dated 25.10.2025, signed by both the parties for compromising the offences, shall form part of the records.12. Post the matter on 20.02.2026 “for reporting compliance.”30.01.20262/2rplIndex:Yes/NoSpeaking/Non-speaking order https://www.mhc.tn.gov.in/judis CRL OP No. 825 of 2026__________Page9 of 10Neutral Citation:Yes/NoTo 1. The Inspector of Police P6 Kodungaiyur Police Station,Chennai-600118.2.The Public Prosecutor High Court of Madras, Chennai https://www.mhc.tn.gov.in/judis CRL OP No. 825 of 2026__________Page10 of 10A.D.JAGADISH CHANDIRA J.rplCrl.O.P.No.825 of 202630.01.20262/2