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2025 Supreme(Mad) 2153
IN THE HIGH COURT OF MADRAS, (MADURAI BENCH)
M. NIRMAL KUMAR, J.
Karthick - Petitioner
Versus
The State of Tamil Nadu, rep. by, The Inspector of Police, Kundrakudi Police Station, Sivagangai Dist. and Ors. - Respondents
Crl.O.P.(MD)No.22334 of 2024
Decided On : 03-01-2025
Important Points
Subject
Criminal Law - Quashing of FIR
Act Referred
BHARATIYA NYAYA SANHITA : S.125(b), S.296(b), S.351(3)
ARMS ACT : S.25(1)(a)
INDIAN PENAL CODE : S.294(b), S.323
Headnote
(B) Compromise in non-compoundable offences - The court recognized its power to quash complaints even for non-compoundable offences when the parties have settled their dispute amicably, as supported by precedents. (Paras 6, 8)
Facts of the case:
The petitioner threatened the de-facto complainant with a sword during a workplace tussle, leading to the registration of an FIR. The parties later compromised their dispute amicably.
Findings of Court:
The court found that the compromise was genuine and satisfied that continuing the proceedings would serve no useful purpose.
Issues: The main issue was whether the court could quash the FIR for non-compoundable offences when the parties had settled their dispute.
Ratio Decidendi: The court held that it has the authority to quash FIRs in cases of personal disputes that have been amicably settled, even if the offences are non-compoundable.
Result: Criminal Original Petition allowed; FIR quashed.
For the Petitioner: Mr. C. Senthil Murugan
For the Respondents: Mr. K.Sanjai Gandhi, Govt. Adv. (Crl.Side), Mr. R. Shenbagaraj.
ORDER :
(M. Nirmal Kumar, J.)
(PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the impugned FIR in Crime No.174 of 2024, on the file of the first respondent police and quash the same.)
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.174 of 2024, on the file of the first respondent Police.
2. The case of the prosecution is that the petitioner and the de-facto complainant are working together and a tussle arose in the working place, as a result of which, on 31.10.2024 at about 11.00 a.m. the petitioner is said to have threatened the de-facto complainant with a sword. Hence, the de-facto complainant lodged a complaint.
3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the second respondent has lodged a complaint before the first respondent Police and on that basis, F.I.R. came to be registered in Crime No.174 of 2024, dated 01.11.2024 for the offences under Sections 296(b), 125(b), 351(3) of BNS, 2023 and Section 25(1A) of Arms Act, 1959 against the petitioner.
4. The case is still under the investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
5. A Joint Memo of Compromise, dated 13.12.2024, has been filed before this Court, which has been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent was also present in person before this Court and they were identified by Mr.R.Manickam, SI of Police, Kundrakudi Police Station, Sivagangai District, as well as by the learned counsels appearing for the parties. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
6. In the instant case, the dispute is of personal in nature and now the parties had compromised. Where the parties have compromised the matter, the High Court has power to quash the complaint for the offences under Sections 294(b) and 323 of IPC.
7. The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012)10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat) reported in (2017) 9 SCC 641 were taken into consideration.
8. In the light of the guidelines issued in the above said Judgments of the Hon'ble Apex Court, no useful purpose will be served in keeping the proceedings in Crime No.174 of 2024, pending before the first respondent Police, even though, the offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.174 of 2024, on the file of the first respondent Police, is quashed and the terms of joint compromise memo dated 13.12.2024, shall form part and parcel of this order.
