1. Petition to quash an FIR registered for alleged offences under the Juvenile Justice Act and the Bharatiya Nyaya Sanhita based on a mutual settlement between the parties. (Para 1 )
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2026 Supreme(Online)(Mad) 105814
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Niveditha – Appellant
Versus
Inspector of Police, V6 Kolathur Police Station, Chennai – Respondent
Criminal Original Petition | Crime No.238 of 2026
Important Points
The High Court may quash an FIR for non-compoundable offences if the parties have reached an amicable settlement, following the guidelines established by the Supreme Court.
Subject
Criminal Law - Quashing of FIR
Act Referred
Juvenile Justice (Care and Protection of Children) Act, 2015: S.81
BNS, 2023: S.137(1)(b), S.336(3), S.340(2)
BNSS, 2023: S.528
BNS, 2023: S.137(1)(b), S.336(3), S.340(2)
BNSS, 2023: S.528
Headnote
(A) Quashing of FIR - Amicable Settlement - Where parties have compromised the dispute and filed a Joint Memo of Compromise, the Court may quash the FIR even if the offences are non-compoundable in nature, in accordance with Supreme Court guidelines. (Para 4)
Issues: Whether the FIR can be quashed on the basis of a compromise between the parties despite the offences being non-compoundable.
Result: Allowed
Issues: Whether the FIR can be quashed on the basis of a compromise between the parties despite the offences being non-compoundable.
Result: Allowed
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Abdukumar Rajarathinam, Thamizh Vendan P
For the Respondents: R.Ganesh Kumar, K.Harikumar
For the Appellants/Petitioners: Abdukumar Rajarathinam, Thamizh Vendan P
For the Respondents: R.Ganesh Kumar, K.Harikumar
Table of Contents
2. The parties contended that they had resolved their dispute amicably through a joint compromise and requested the court to quash the pending investigation. (Para 2 , 3 )
3. The court found that the parties had reached a genuine settlement and concluded that continuing the investigation would serve no useful purpose. (Para 3 , 4 )
4. In exercise of jurisdiction under Section 528 of the BNSS, an FIR may be quashed even if offences are non-compoundable when parties have entered into an amicable settlement. (Para 4 )
5. The criminal original petition is allowed and the pending FIR is quashed in view of the joint compromise memo. (Para 5 , 6 )
6. Can an FIR be quashed for non-compoundable offences if the parties have reached a compromise?
Yes, if the parties have reached an amicable settlement, the court may exercise its jurisdiction to quash an FIR for non-compoundable offences if no useful purpose is served by continuing the proceedings. (Para 4 )
7. What is the primary requirement for the court to permit a compromise in a criminal proceeding?
The court must be satisfied through direct inquiry that the parties have entered into a genuine, voluntary, and amicable settlement to resolve their dispute. (Para 3 )
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.238 of 2026 on the file of the first respondent, registered for the offences under Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 137(1)(b), 336(3) and 340(2) of BNS, 2023 .
2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. A Joint Memo 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.
4. 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 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath , this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023 , quashes the FIR in Crime No.238 of 2026 pending investigation on the file of the first respondent.
5. In view of the above, the FIR in Crime No.238 of 2026 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order.
6. Accordingly, the Criminal Original Petition stands allowed.
Consequently, connected miscellaneous petition is closed.
16-10-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Vv Note: Issue order copy today itself
To
1. The Inspector of Police, V6 Kolathur Police Station, Chennai
2. The Public Prosecutor, High Court, Madras.
