SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 33930

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
G. Surendhar – Appellant
Versus
The Inspector of Police, Ponnerikkarai Police Station, Kanchipuram District – Respondent
Crl.O.P.No.6154 of 2026



Advocates:
For the Appellants/Petitioners: Mr. M. Praveen
For the Respondents: Mr. Leonard Arul Joseph Selvam, Ms. Harshana.T, Mr. M. Aloysius Raja Pragash

The Court may exercise its inherent power to quash proceedings for non-compoundable offences if the matter is settled through substantial compensation and the trial would serve no useful purpose, especially in cases of accidental death occurring during employment.

Headnote:The petitioners filed a petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash a charge sheet in C.C.No.6 of 2026 involving an offence under Section 106 of the Bharatiya Nyaya Sanhita (BNS). The case arose from the accidental death of an employee due to electrocution at a construction site. The court found that the parties had entered into a comprehensive settlement wherein the petitioners provided significant financial compensation, educational support, and employment to the deceased's family. The primary issue was whether the proceedings could be quashed despite the offence being non-compoundable in nature. The court reasoned that since the death was accidental and the victim's family was satisfied with the compensation, continuing the trial would serve no useful purpose. The court relied on the guidelines established by the Hon'ble Supreme Court in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath and The State of Madhya Pradesh v. Dhruv Gurjar regarding the exercise of inherent powers to quash proceedings in the interest of justice. In the result, this Criminal Original Petition stands allowed and the proceedings in C.C.No.6 of 2026 on the file of the Judicial Magistrate No.II, Kancheepuram is hereby quashed against the petitioners.

ORDER

The petitioners, who are facing trial in C.C.No.6 of 2026 for offence under Section 106 BNS before the learned Judicial Magistrate No.II, Kancheepuram, have filed this Quash Petition.

Case of the prosecution is that the 2nd respondent lodged a complaint stating that he was working in M/s.V.Sathiyamurthy & Co., Chennai Division and his elder brother A.Nagaraj was working as RMC Plant Incharge Technical Staff in the same company. On 24.05.2025, in Kanchipuram Arignar Anna Cancer Hospital, new RMC Plant was under construction work. A person, who came at 10.30 a.m., switched on the Generator at 12.00 p.m., at that time, the petitioner’s elder brother A.Nagaraj unexpectedly got electrocuted and taken to Meenakshi Hospital. Later, when he was admitted in Kanchipuram Government Hospital, the Doctor who examined him informed that he was brought dead. On the complaint of the 2nd respondent, the 1st respondent Police registered FIR in Crime No.141 of 2025 under Section 194 BNSS on 24.05.2025.

Learned counsel for the petitioner submitted that on the complaint of the 2nd respondent, elder brother of the deceased, FIR in Crime No.141 of 2025 registered and after post-mortem, body was handed to the 2nd respondent. He further submitted that the wife of the deceased/3rd respondent filed a petition before this Court seeking proper investigation and this Court was pleased to directed the Superintendent of Police, Kancheepuram District to monitor the investigation and ensure filing of final report. As per the direction, charge sheet filed before the trial Court and taken on file as C.C.No.6 of 2026. During the pendency of the proceedings, the petitioners came forward to compensate the loss caused due to the accidental death of the 3rd respondent’s husband with the following terms.

1. M/s.Sathyamoorthy and Co., undertakes to bear the educational fee of the deceased children viz., N.Dhanu Sri, aged about 10 years studying 5th Std in Sri Arabhindo School, Chennai and N.Kesav, aged about 6 years, studying 1st Std in the same school.

2. M/s.Sathyamoorthy and Co., undertakes to provide the employment to the 3rd respondent in their company.

3. M/s.Sathyamoorthy and Co., undertakes to pay a sum of Rs.7,00,000/- to the 3rd respondent’s daughter N.Dhanu Sri and the said amount shall be kept in the Post Office at Kilpennathur, Thiruvannamalai District under Fixed Deposit till she attains majority.

4. M/s.Sathyamoorthy and Co., undertakes to pay a sum of Rs.7,00,000/- to the 3rd respondent’s son N.Kesav and the said amount shall be kept in the Post Office at Kilpennathur, Thiruvannamalai District under Fixed Deposit till he attains majority.

5. M/s.Sathyamoorthy and Co., undertakes to pay a sum of Rs.6,00,000/- to the 3rd respondent on humanitarian ground to clear the old debts obtained by her husband.

6. Further M/s.Sathyamoorthy and Co., (Contractor) paid a sum of Rs.1,72,000/- as interim relief to the 3rd respondent.

Apart from the above undertaking, M/s.Sathyamoorthy and Co., deposited a sum of Rs.2,45,000/- towards the educational expenses of the 3rd respondent son in Account No.020212251935 at Nazarthpet Post Office, Chennai, IFSC Code: IPOS0000DOP. Similarly, a sum of Rs.3,85,000/- deposited towards the educational expenses of the 3rd respondent daughter in Account No.020212249486 at Nazarthpet Post Office, Chennai, IFSC Code: IPOS0000DOP. As per the above undertaking, M/s.Sathyamoorthy and Co., deposited a sum of Rs.7,00,000/- each to the Post Office Account of the 3rd respondent children and also handed over the demand draft of Rs.6,00,000/- to the 3rd respondent. To confirm the same, a memo dated 27.03.2026 filed before this Court. In support of the compromise, a joint compromise memo filed before this Court and the same signed by the petitioners and the 3rd respondent/victim. In view of the above, this Court may quash the proceedings against the petitioners.

Learned Additional Public Prosecutor appearing for the 1st respondent Police submi

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top