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2026 Supreme(Online)(Mad) 50228
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
P.E. Sabari – Appellant
Versus
State Rep. By The Inspector of Police – Respondent
Crl.O.P.No.14194 of 2026
For the Appellants/Petitioners: S. Nirmal Aditya
For the Respondents: R. Rajasekaran
The High Court may exercise inherent powers to quash criminal proceedings, even for non-compoundable offenses, when the parties have reached an amicable settlement and continuation of the proceedings would serve no useful purpose.
Headnote:The proceedings involved a petition to quash a First Information Report registered for offenses related to criminal breach of trust and criminal intimidation under the Bharatiya Nyaya Sanhita (BNS), 2023. The petitioners and the complainant entered into a private settlement, resolving their financial grievances amicably. The Court verified the settlement via virtual appearance and confirmed that the parties no longer wished to pursue the criminal proceedings. The core issue was whether the Court could exercise its inherent powers to quash criminal proceedings in non-compoundable offenses based on a private compromise. Relying on constitutional principles and Supreme Court precedents, the Court determined that as the dispute was private in nature and settled amicably, continuing the investigation would serve no useful purpose and would be an abuse of the process of law. The Criminal Original Petition was allowed, and the impugned F.I.R. was quashed.
| Table of Content |
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| 1. overview of charges and factual basis for the quashing petition. (Para 1 , 2) |
| 2. court's discretion to quash proceedings based on private compromise. (Para 3 , 4 , 5 , 6) |
ORDER
The petitioners, who are the accused in Crime No.15 of 2025 dated 05.01.2025 for offences under Sections 316(2), 318(4) and 351(2) of the B.N.S., 2023, on the file of the first respondent Police, have filed this Criminal Original Petition on the ground of compromise.
2. The case of the petitioners is that the first petitioner has taken a sum of Rs.8,00,000/- from the second respondent for the purpose of registration of a land. On 23.04.2024, when the second respondent approached the first petitioner for return of the said sum, the first petitioner told the second respondent that the amount has been locked in some other NRI Fund Account and demanded another amount of Rs.45,00,000/- to clear the block of the said amount. Accordingly, the second respondent had given the another sum of Rs.45,00,000/-. But, when the second respondent requested for the return of the entire money, the first petitioner quarreled with the second respondent and threatened him with filthy language. On the complaint of the second respondent, the first respondent Police registered F.I.R in Crime No.15 of 2025 for offences under Sections 316(2), 318(4) and 351(2) 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 virtually before this Court and their identity is confirmed by the first respondent Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. Now, they are not willing to further proceed with the case and filed an affidavit to that effect.
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.15 of 2025, dated 05.01.2025 on the file of the first respondent Police is quashed against the petitioners.
