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2025 Supreme(Online)(MAD) 14313
HIGH COURT OF MADRAS
G.K. ILANTHIRAIYAN, J
Ramkumar – Appellant
Versus
State Rep. by The Station House Officer, Dhanvantri Nagar (D Nagar) Police Station, Puducherry – Respondent
Crl.O.P.No.8715of 2025
For the Appellants/Petitioners: Mr.A.Murugavel
For the Respondents: Mr.M.V.Ramachandramurthy Additional Government Pleader (Pondy) for R1
Compromise between parties can lead to quashing of FIR even for non-compoundable offences.
Headnote:This judgment deals with a Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, seeking to quash the FIR for offences under the POCSO Act and the Prohibition of Child Marriage Act. The court found that the parties reached an amicable settlement, making continuation of the FIR unnecessary. The court quashed the FIR in light of the Supreme Court guidelines. Thus, the FIR is quashed, and the terms of the Joint Memo of Compromise are made part of the order.
| Table of Content |
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| 1. filed under section 528 to quash fir for non-compoundable offences. (Para 1) |
| 2. parties reached an amicable agreement leading to petition. (Para 2 , 3) |
| 3. court exercises jurisdiction to quash based on supreme court guidelines. (Para 4) |
| 4. fir quashed, petition allowed, terms of agreement noted. (Para 5 , 6) |
ORDER
This Criminal Original Petition has been filed to quash the FIR registered in Crime No.187 of 2024 on the file of the first respondent, registered for the offences under Section 6 of POCSO Act 2012 and Section 9 of Prohibition of Child Marriage Act 2006.
2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner and the defacto complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-( Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath ), this Court in exercise of its jurisdiction under Section 528 of BNSS , 2023, quashes the FIR in Crime No.187 of 2024 pending trial on the file of the first respondent.
5.In view of the above, the FIR in Crime No.187 of 2024 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order.
6. Accordingly, the Criminal Original Petition stands allowed.
