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2024 Supreme(Online)(MAD) 22157
HIGH COURT OF MADRAS
Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP
Rahul – Appellant
Versus
The Inspector of Police – Respondent
A compromise in a criminal case must be complete and unconditional for charges to be quashed.
Headnote:
Compromise - Quashing of Charge Sheet - Criminal Procedure Code - Sections not explicitly identified - The court held that a compromise should not be conditional and must be complete for the quashing of charges, which influenced the decision to quash the charge sheet after full payment was made.
Fact of the Case:
The husband paid Rs.1,50,000/- to the wife as part of a mediation agreement and sought to quash the FIR or charge sheet related to a pending case, claiming further payments would be made post-divorce.
Finding of the Court:
The court found that the compromise, contingent upon future payments, could not justify the quashing of the charge sheet, emphasizing that all conditions must be satisfied unconditionally for such requests.
Issues: Whether a conditional compromise could lead to the quashing of an FIR or charge sheet in a criminal case.
Ratio Decidendi: A compromise agreement in a criminal matter must be unconditional and fully executed for it to result in the quashing of charges.
Final Decision: The charge sheet in C.C.No.1969 of 2022 is quashed after the full payment of Rs.1,50,000/- was made.
ORDER
When the case came up for hearing on 19.03.2024, this Court passed the following order:
“When the case came up for hearing on an earlier occasion on 23.02.2024, it was submitted that the Petitioners had paid Rs.1,50,000/- to the Respondent. On perusal of the mediation report, it is found that it is an interim report regarding the agreement arrived between the parties. As per the terms of the compromise, the husband agreed to pay Rs.1,50,000/- in the mediation centre and agreed to pay balance of Rs.1,50,000/-, after disposal of H.MO.P. It is found to be forcing the wife to accept the terms for H.M.O.P. That cannot be considered to quash the FIR or charge sheet. When the husband seeks to quash the FIR or charge sheet, he is duty bound to pay the amount demanded by the wife. Instead of doing so, by paying parted amount and seeking to quash the complaint cannot at all be accepted by any Court of law.
2.On request of the learned Counsel for the Petitioners, call on 21.03.2024”.
2. The learned Counsel for the Petitioners submitted his arguments on
19.03.2024 seeking to quash the charge sheet in C.C.No.1969 of 2022 pending on the file of the learned Judicial Magistrate, Karaikudi. The subject matter of the dispute was referred to the Mediation by this Court. In the Mediation, the parties agreed to settle the matter amicably. On perusal of the Mediation report, it was found that the Petitioner/husband had paid Rs.1,50,000/- and agreed to pay the balance amount only if the de-facto Complainant/wife permits him to file a petition for divorce by consent. Only after such disposal of the HMOP, he will pay back the balance amount of Rs.1,50,000/- to the de-facto Complainant.
3. Considering the submission of the learned Counsel for the Petitioner, this Court directed that there cannot be compromise based on the understanding that amount will be paid. If the Petitioners seek to quash the charge sheet, they have to pay without any conditions. Therefore, time was granted to the Petitioners to pay the entire balance amount as was agreed between the parties and hence the case was adjourned.
4. Today, when the case came up for hearing, the learned Counsel for the Petitioners submitted that they had paid the balance amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) through demand draft No.693451 dated 27.02.2024 and also furnished the copy of the Demand Draft before this Court.
5. In the light of the compromise arrived between the parties, the charge sheet in C.C.No.1969 of 2022 pending on the file of the learned Judicial Magistrate, Karaikudi, is hereby quashed.
6. In view of the above, this Criminal Original Petition is allowed.
Consequently, connected miscellaneous petition is closed.
25.03.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To
1.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
SATHI KUMAR SUKUMARA KURUP , J .
Nsr
25.03.2024
