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Crl.O.P.(MD)No.1464 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 30.01.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD)No.1464 of 2026

1 Sekar @ Chandrasekar

2.Rajendran

3.Arjunan

4.Manikandan

5.Jothi

6.Murugan ... Petitioners/Accused No. 1 to 6

Vs.

1. The State of Tamil Nadu,

Rep. by the Inspector of Police,

Melur Police Station,

Madurai.

(Crime No. 143 of 2025) ... 1^st Respondent/Complainant

2.Pothiraja ... 2^nd Respondent/ Defacto Complainant

PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the

records in CC No.132 of 2025 on the file of the Judicial Magistrate, Melur,

Madurai District and quash the charge sheet as against the petitioners herein

For Petitioners : Mr. K.Veilmuthu

For Respondents : Mr. B.Thanga Aravindh (R1)

Government Advocate (Crl.Side)

Mr. R.Ilayaraja (R2)

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Crl.O.P.(MD)No.1464 2026

ORDER

This Criminal Original Petition is filed under Section 482 CrPC / Section

528 BNSS, seeking to quash the charge sheet in CC No.132 of 2025 on the file

of the learned Judicial Magistrate, Melur, Madurai District.

2. The gist of the allegations in the final report is that due to dispute over

fencing the land, the petitioners abused the defacto complainant in filthy

language and attacked him, thereby causing injuries. Pursuant to the complaint

given by the defacto complainant / second respondent, a case in Crime No.384

of 2016 was registered on the file of the first respondent against the petitioners

for the offences under Sections 147, 341, 294(b), 323, 324 & 506(2) of IPC and

the same culminated in laying final report in CC No.132 of 2025 before the file

of the learned Judicial Magistrate, Melur, Madurai District, for the same

offences. Seeking quashment of the charge sheet, this Criminal Original

Petition is filed.

3. Admittedly, the petitioners and the second respondent are residing

in the same locality, and they have now resolved the dispute amicably. A Joint

Compromise Memo dated 23.01.2026 has been filed before this Court.

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Crl.O.P.(MD)No.1464 2026

4. The petitioners and the second respondent / defacto complainant

are present before this Court in person and are identified by Mr.A.Jeyakumar,

Sub-Inspector of Police, B1 Melur Police Station, Madurai District. The

defacto complainant has categorically stated that he does not wish to pursue the

proceedings against the petitioners herein. This Court is satisfied that the

compromise is voluntary and not the result of any coercion or undue influence.

5. The law relating to quashment of criminal proceedings on the basis

of compromise between the parties is well settled. In Gian Singh v. State of

Punjab¹, the Hon’ble Supreme Court authoritatively held that the inherent

power of the High Court under Section 482 CrPC is of wide amplitude and may

be exercised to quash criminal proceedings even in respect of non-

compoundable offences, provided the dispute is essentially private in nature

and the quashment would secure the ends of justice. The Court, however, drew

a clear distinction between offences arising out of personal or matrimonial

disputes, commercial transactions and similar private wrongs, and serious or

heinous offences having grave impact on society, holding that the latter

category cannot ordinarily be quashed merely on the basis of a settlement.

1 2012 (10) SCC 303

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Crl.O.P.(MD)No.1464 2026

6. The said principles were succinctly crystallised in Parbatbhai

Aahir v. State of Gujarat², wherein the Supreme Court, after surveying the

earlier precedents, laid down broad propositions governing the exercise of

inherent jurisdiction on the basis of compromise. It was emphasised that the

paramount consideration is whether the continuance of the criminal

proceedings would be unfair or contrary to the interests of justice, and whether

the