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IN THE HIGH COURT OF MADRAS, (MADURAI BENCH)
M. NIRMAL KUMAR
V. Tamilarasan – Appellant
Versus
Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli Dist. – Respondent
ORDER :
(M. Nirmal Kumar, J.)
(PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records of the impugned FIR in Crime No.438 of 2023, on the file of the first respondent police dated 24.12.2023 and quash the same.)
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.438 of 2023, on the file of the first respondent Police.
2. The case of the prosecution is that on 24.12.2023, at around 02.00 a.m. when the de-facto complainant was at his home, the petitioners went to his house and demanded the money which was lent by the first petitioner to the de-facto complainant. When the same was refused by the de-facto complainant, the petitioners abused him using filthy language and threatened him. They pushed the de-facto complainant, as a result his neck got strangulated and they also threatened him to return the money using a knife. Hence, the de-facto complainant lodged a complaint.
3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioners 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 regi
The High Court can quash FIRs in personal disputes where parties have reached an amicable settlement, even if the offences are non-compoundable.
The court can quash FIRs for non-compoundable offences if the parties have amicably settled their dispute, affirming its authority in such matters.
The court can quash FIRs even for non-compoundable offences if the parties reach an amicable settlement.
Parties can compromise personal disputes leading to FIRs, allowing for quashing despite non-compoundable offences.
The court ruled that criminal proceedings can be quashed based on compromise when offences are predominantly private in nature, ensuring justice and voluntary settlement.
The court recognizes the right to quash FIRs in private disputes provided they do not affect public interest, guided by principles from established case law.
The court may quash criminal proceedings based on voluntary compromise when the dispute is predominantly private, as per established principles.
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