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2025 Supreme(Mad) 2682

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.DHANABAL, J.
Rajagopal - Appellant 
Versus 
The State of Tamil Nadu - Respondent 
Crl. O.P(MD) No.5679 of 2025
Decided on : 02-04-2025

Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Sathyachidambaram,
For the Respondent:Mr. M.Vaikkam Karunanithi Government Advocate (Crl side), Mr.M.Dhinakar

A court can quash criminal proceedings based on a compromise between parties if it serves the ends of justice and the case does not involve serious crimes.

Headnote:(A) Indian Penal Code - Sections 294(b), 307 and 506(2) - Quashing of criminal proceedings - The petitioner sought to quash proceedings based on a compromise reached by the parties during the pendency of the case - The petitioner contended no injury was sustained by the complainant, leading to the compromise - The court, guided by principles from Narinder Singh and others vs. State of Punjab, ruled that in cases where parties have amicably settled their disputes, the powers to quash can be exercised to secure ends of justice (Paras 6, 7, 8).

(B) Quashing of proceedings - The High Court emphasized that for offences not involving serious crimes, particularly those resolved between parties, quashing may be appropriate, as long as it safeguards justice and prevents abuse of process (Para 6).

Facts of the case:
The complaint led to an FIR for offences under IPC sections, with a compromise arising from the parties’ settlement during the proceeding (Paras 2, 3, 4).

Findings of Court:
The court found that no injuries were sustained and the case was at the committal stage, thus enabling the approval of the compromise (Para 8).

Issues: The key issue addressed was whether the compromise warranted quashing of the criminal proceedings in the absence of serious injury (Para 8).

Ratio Decidendi: The court concluded that in light of the absence of evidence and the nature of the settlement, the petition to quash the proceedings was justified to meet the ends of justice (Para 9).

Result: Petition allowed and PRC No.87 of 2024 quashed.

Table of Content
1. overview of case and charges (Para 1 , 2)
2. parties reach a compromise (Para 3 , 4)
3. principles for quashing procedures (Para 5 , 6 , 7)
4. justification for allowing the petition (Para 8)
5. final ruling on the petition (Para 9 , 10)

ORDER :

This petition has been filed by the petitioner to call for the records pertaining to PRC No.87 of 2024 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District for the offences under Sections 294(b), 307 and 506(2) of IPC, in Crime No.119 of 2024 and quash the same.

2. According to the petitioner, based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 119 of 2024 for the offences under Sections 294(b), 307 and 506(2) of IPC.

3. When the matter was taken up for hearing, the learned counsels on both sides represented that during pendency of the case in PRC No.87 of 2024, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

4. Today, the defacto-complainant and the accused are present and the Court enquired about the terms of compromise. The defacto- complainant represented that they entered into a compromise. A compromise memo, dated NIL.03.2025 signed by the parties and their respective counsels, is also filed before this Court. Also it is represented by the defacto complainant has not sustained injury in the occurrence.

5. This Court has perused the terms of the compromise memo.

6. At this juncture, the learned counsel appearing for the petitioner has relied upon a judgement of Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another reported in (2014) 6 Supreme Court Cases 466, wherein the Hon'ble Supreme Court has laid down guidelines in respect of the compounding offences in para No.29.1. to 29.7. as follows:-

"29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court.

While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc., Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offence committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.

29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

29.5. While exercising its powers, the High

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