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2026 Supreme(Online)(Mad) 26623
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
Ibrahim Basha Razaak – Appellant
Versus
State Rep By Inspector Of Police, All Women Police Station (AWPS) - Namakkal, Namakkal District – Respondent
Crl.M.P.No.7077 of 2023 | P.R.C.No.9 of 2023 | S.C.No.63 of 2023
For the Appellants/Petitioners: Mr. S.Karthikeyan
For the Respondents:Mr.A.Gopinath Government Advocate (Crl. Side) For R1, Mr.S.Mathivanan For R2
Inherent powers under Section 482 Cr.P.C. allow quashing non-compoundable offence proceedings post amicable settlement.
Headnote:First Paragraph: The proceedings were initiated under Sections 312, 506(i) and 376(2)(n) IPC for alleged offences. Petitioner sought quashing under Section 482 Cr.P.C. Court noted cognizance taken in PRC No.9/2023, later committed to SC No.63/2023. Court found parties reached amicable settlement via memorandum of compromise, verified identities and consent. Second Paragraph: Issue framed as whether proceedings should continue post-compromise despite non-compoundable offences. Ratio follows Supreme Court guidelines in 2017 9 SCC 641, permitting quashing in exercise of inherent powers where no public interest served. Third Paragraph: Criminal Original Petition allowed; proceedings in S.C.No.63/2023 quashed.
| Table of Content |
|---|
| 1. petition to quash non-compoundable ipc proceedings. (Para 1 , 2) |
| 2. parties reached verified amicable compromise. (Para 3 , 4) |
| 3. supreme court guidelines permit quashing. (Para 5) |
| 4. proceedings quashed with costs imposed. (Para 6) |
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.9 of 2023 pending on the file of the learned Principal District Judge, Namakkal, thereby taken cognizance for the offences punishable under Sections 312, 506(i) & 376(2)(n) of IPC. 2. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that now the case has been taken on file in S.C.No.63 of 2023 on the file of the learned Sessions Judge, Fast Track Mahila Court, Namakkal, and it is pending for trial.
3. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
4. A Memorandum 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 and it is 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.
5. Under such circumstances, no useful purpose will be served in keeping the proceeding pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court in the judgment reported in 2017 9 SCC 641 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the proceeding in S.C.No.63 of 2023 pending trial on the file of the Fast Track Mahila Court, Namakkal.
6. In view of the above, the proceedings in S.C.No.63 of 2023 on the file of the learned Session Judge, Fast Track Mahila Court, Namakkal, is hereby quashed. The terms of Memorandum of Compromise shall form part and parcel of this Order. Both the petitioner and the second respondent shall pay a sum of Rs.25,000/-, (Rupees twenty five thousand only) each as costs, to the Tamil Nadu State Legal Services Authority, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
