The High Court can quash FIRs in personal disputes where parties have reached an amicable settlement, even if the offences are non-compoundable.

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 registered in Crime No.438 of 2023, dated 24.12.2023 for the offences under Sections 448, 294(b), 352 & 506(2) of IPC against the petitioners.

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 15.11.2024, has been filed before this Court, which has been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.B.Kannan, SSI of Police, Tirunelveli Taluk Police Station, Tirunelveli 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.438 of 2023, 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.438 of 2023, on the file of the first respondent Police, is quashed and the terms of joint compromise memo dated 15.11.2024, shall form part and parcel of this order.