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2026 Supreme(Online)(Mad) 49147

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Deepak – Appellant
Versus
State – Respondent
Crl.O.P.No.11407 of 2026



Advocates:
For the Appellants/Petitioners: P. Krishnakumar
For the Respondents: A. Amarnath, M. Praveenkumar

The High Court may quash non-compoundable criminal proceedings using inherent powers under the Code of Criminal Procedure when parties reach an amicable settlement and the dispute is purely private and personal, thereby preventing the waste of judicial time.

Headnote:The proceedings concern an application to quash an F.I.R registered under the Bharatiya Nyaya Sanhita (BNS), 2023, following an amicable compromise between the parties. The conflict arose from a private dispute resulting in a physical altercation. The court, having verified the identity of the parties and their voluntary settlement, determined that proceeding with the trial would serve no purposeful outcome. The core issue is whether the High Court should quash criminal proceedings in non-compoundable matters where the parties have reached a private settlement. The ratio decidendi, following established judicial precedents, emphasizes that the court may exercise inherent powers to quash proceedings if the dispute is private, personal in nature, and the interests of justice indicate that survival of the prosecution would be futile rather than beneficial to the public interest. The Criminal Original Petition stands allowed, and the F.I.R is quashed.

Table of Content
1. overview of the alleged offences and the filing of the petition for quashing based on compromise. (Para 1 , 2)
2. verification of the voluntary nature of the settlement between the parties. (Para 3 , 4)
3. court's authority to quash firs in non-compoundable cases based on judicial precedents when the dispute is private. (Para 5 , 6)

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for records related to the case in Crime No.58 of 2026 on the file of the 1st respondent Police and quash the same, as against the petitioners/accused.

ORDER

The petitioners, who are the accused in Crime No.58 of 2026 dated 19.03.2026 for offences under Sections 296(b), 115(2), 118(1) and 351(3) of the B.N.S, 2023 on the file of the first respondent Police, has filed this Criminal Original Petition on the ground of compromise.

2. The case of the petitioners is that on 19.03.2026, at about 9.30 P.M, when the second respondent, along with his friends, went to a wine shop at Jones Road and proceeded to Thadirathinam street, the petitioners allegedly questioned them for causing disturbance to the public. Subsequently, while the second respondent and his friends were proceeding via Subramania Salai, the petitioners again intercepted them, which led to a wordy altercation. Thereafter, both parties allegedly attacked each other, resulting in injuries to both the parties. On the complaint of the second respondent, the first respondent Police registered F.I.R in Crime No.58 of 2026 for offences under Sections 296(b), 115(2), 118(1) and 351(3) of the B.N.S, 2023 against the petitioners.

3. The case is at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. Today, the petitioners and the second respondent appeared before this Court and their identity is confirmed by Mr.Anandh, Sub-Inspector attached to the first respondent Police Station. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The second respondent informed that due to misunderstanding and difference of opinion, the occurrence has happened and the dispute was purely personal in nature and now they are not willing to further proceed with the case and filed an affidavit to that effect. The petitioners and the second respondent have filed separate affidavit before this Court.

5. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in (2017) 9 SCC 641 - ( Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath ), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., is inclined to quash the F.I.R.

6. This Criminal Original Petition stands allowed and as a sequel, the F.I.R in Crime No.58 of 2026 dated 19.03.2026 on the file of the first respondent Police is quashed against the petitioners.

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