The High Court can quash criminal proceedings for compoundable offences at the post-conviction stage if the dispute is purely personal/individual and does not affect overriding public interest.

PRAYER:

The Criminal Original Petition filed under Section 528 of BNSS, 2023, praying to permit the petitioner to compound the sentence passed by the learned Judicial Magistrate No.I, Namakkal, vide order dated 08.03.2021 in C.C.No.526 of 2018, which was confirmed by the learned Sessions Judge, Special Court for trial of cases registered under SC/ST (POA) Act, Namakkal vide order dated 29.06.2022 in Crl.A.No.57 of 2021 and confirmed by the judgment dated 29.07.2025 of this Court in Crl.R.C.No.629 of 2023 and acquit the petitioner.

ORDER

The Criminal Original Petition has been filed by the petitioner to compound the sentence passed by the learned Judicial Magistrate No.I, Namakkal, vide order dated 08.03.2021 in C.C.No.526 of 2018, which was confirmed by the learned Sessions Judge, Special Court for trial of cases registered under SC/ST (POA) Act, Namakkal vide order dated 29.06.2022 in Crl.A.No.57 of 2021 and confirmed by the judgment dated 29.07.2025 of this Court in Crl.R.C.No.629 of 2023 and acquit the petitioner on the basis of the compromise entered into between the petitioner/accused and the respondent/complainant.

2.The petitioner/accused in C.C.No.526 of 2018 was convicted by the trial Court by the judgment dated 08.03.2021 on the complaint given by the respondent for offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo two years simple imprisonment and to pay double the cheque amount of Rs.20,00,000/- as compensation. Aggrieved against the same, the petitioner preferred an appeal before the Sessions Court in Crl.A.No.57 of 2021. The learned Sessions Judge, by the judgment dated 29.06.2022, dismissed the appeal confirming the conviction and sentence of the trial Court, against which, the petitioner preferred a revision before this Court in Crl.R.C.No.629 of 2023. This Court, by order dated 29.07.2025 dismissed the revision confirming the concurrent finding of the Courts below.

3. The learned counsel for the petitioner submitted that after dismissal of the criminal revision petition, the petitioner and the respondent have entered into a compromise and the petitioner paid the entire cheque amount of Rs.10,00,000/- and the respondent received the same. He further submitted that now the issued had been resolved and the respondent also agreed to compound the offence.

4. The petitioner/accused and the respondent/complainant are present before this Court and they were identified by their respective counsel.

5. On being enquired by this Court, the parties confirmed the compromise entered between them. The respondent/complainant submitted that he has received the amount and has no objection for compounding the offence. In conformity to the same, both the parties filed a Joint Memo of Compromise dated 07.02.2026. The terms of the Joint Memorandum of Compromise is extracted hereunder:

“1. The respondent had filed a complaint against the petitioner for offence under section 138 of N I. Act before the learned Judicial Magistrate No 1. Namakkal in CC. No. 526 of 2018 and the same was ended in conviction by the order dated 08.03.2021 wherein the petitioner was sentenced to undergo simple imprisonment for two years and to pay a compensation of Rs. 20,00,000/- (Rupees Twenty Lakhs only to the respondent.

2. The petitioner submits that aggrieved by the said order dated 08.03.2021, the petitioner had preferred an appeal in Crl.A.No 57 of 2021 before the Special Court for the trail of cases registered under SC/ST (POA) Act, Namakkal wherein the Appellate Court by its order date