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2026 Supreme(Online)(Mad) 21477

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
Maruthupandi – Appellant
Versus
The State of Tamil Nadu – Respondent
Crl.M.P(MD)No.4035 of 2026



Advocates:
For the Appellants/Petitioners: Mr.R.Rajeshkumar
For the Respondents: Mr.B.Thanga Aravindh, Mr.V.Vijayendiran

The court recognizes the right to quash FIRs in private disputes provided they do not affect public interest, guided by principles from established case law.

Headnote:This petition addresses the quashing of an FIR under Section 528 of BNSS, 2023, relating to a private dispute between the parties where a compromise has been reached. The court relies on established legal precedents, emphasizing that quashing is appropriate when the dispute is private and does not threaten public interest. As such, the court quashes the FIR and allows the petition, imposing conditions for compliance.

Table of Content
1. quashing fir in private disputes. (Para 1 , 2 , 3)
2. statement of compromise by the defacto complainant. (Para 4)
3. established principles regarding quashing based on compromise. (Para 5 , 6 , 7)
4. application of principles due to the nature of the dispute. (Para 8 , 9)
5. final ruling regarding the quashing of the fir. (Para 10 , 11)

ORDER

This Criminal Original Petition is filed under Section 482 CrPC /

Section 528 BNSS, seeking to quash the First Information Report in Crime No. 43 of 2026 on the file of the 1st respondent Police Station, insofar as the petitioners are concerned.

2. The case of the prosecution is that on 23.01.2026, while the defacto complainant was waiting near a grocery store on his way to the mosque, the accused persons allegedly intercepted the two-wheeler of one Muhammed Riswan, abused him in filthy language and attempted to attack him with a deadly weapon. When the defacto complainant intervened to prevent the attack, the accused persons allegedly turned towards him, abused him and assaulted him, resulting in the registration of the present case in Crime No.43 of 2026 on the file of the 1st respondent police for the offence under Sections 126(2), 296(b), 115(2), 118(1) and 109(1) BNS, 2023.

3. Admittedly, the petitioner and the 2nd respondent are residing in the same locality, and they have now resolved the dispute amicably. A Joint Compromise Memo dated 23.02.2026 has been filed before this Court.

4. The petitioner and the 2nd respondent / defacto complainant are present before this Court in person and are identified by Mr.R.Kossudurai, SSI, Vasudevanallur Police Station, Tenkasi District. The defacto complainant has categorically stated that he does not wish to pursue the FIR against the petitioner. 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

1 2012 10 SCC 303 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.

6. The said principles were succinctly crystallised in Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641, 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 dispute predominantly bears a civil or private character, rendering the possibility of conviction remote and bleak.

7. In State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, the Supreme Court reiterated and clarified the limitations on such power, holding that offences of a serious nature, particularly those involving mental depravity, grave violence, or offences against society at large, cannot be quashed on the basis of compromise, even if the parties have amicably settled the dispute. The Court further cautioned that while examining compromise quash petitions, the High Court must consider the nature and gravity of the offence, the conduct of the accused, and the stage of the proceedings, and the overall impact on society and must satisfy itself that the settlement is voluntary and not the result of coer

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