Madras High Court
Gopinath vs The State Of Tamil Nadu on 21 February, 2025
Crl.O.P(MD)No.3166 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.02.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
Crl.O.P(MD)No.3166 of 2025
1.Gopinath
2.Muniyappan ... Petitioners
Vs.
1.The State of Tamil Nadu,
Represented by,
The Inspector of Police,
Cantonment Police Station,
Trichy City.
Crime No.595 of 2021.
2.Mitul @ Mitul Shah ... Respondents
Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S.,
to call for the records in proceeding in S.C.No.188 of 2024 on the file of
the learned II Additional District and Sessions Judge, Trichy in
connection with Crime No.595 of 2021 on the file of the first respondent
police and quash the same and pass such further or other orders as this
Court.
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1/10
Crl.O.P(MD)No.3166 of 2025
For Petitioners : Mr.K.Raghul Priyan
For R-1 : Mr.M.Vaikkam Karunanithi
Government Advocate (Crl. Side)
For R-2 : Mr.S.Veerapandiselvaraj
ORDER
This Criminal Original petition has been filed to quash the pending
proceedings in S.C.No.188 of 2024 on the file of the learned II
Additional District and Sessions Judge, Trichy.
2. The prosecution case is that the de facto complainant is
investment banker and he is running a company in the name of M3
Securities. On 14.05.2021, the petitioners came to the Hotel and
threatened and beaten the de facto complainant due to delay in payment
of the remaining amount and thereby, the second respondent lodged a
complaint and based on the complaint, FIR has been registered in Crime
No.595 of 2021 for the offences under Sections 323, 344, 346, 307 and
506(2) of the Indian Penal Code, 1860 and thereafter, the matter has been
elaborately investigated and after investigation, the final report has been
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filed as against the petitioners. Now the case is pending for trial. At this
stage, the petitioners have filed this quash petition.
3. The learned Counsel appearing for the petitioners would submit
that during the pendency of the petition, the matter has been
compromised between the parties and the petitioners also tendered
apology with the defacto complainant and thereby, the matter has been
amicably settled between the parties and also filed a compromise memo.
4. The 2nd respondent / defacto complainant also appeared
through his counsel and filed a compromise memo and appeared before
this Court in person and he also expressed his willingness and stated that
already matter has been settled between the parties and therefore, he has
no objection to allow this petition.
5. The learned Government Advocate (Crl.Side) appearing for the
first respondent police would submit that the offences are grave in
nature, thereby he strongly opposed to quash the proceedings.
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6. At this juncture, the learned Counsel appearing for the
petitioner has relied upon a judgement of Hon'ble Supreme Court in
Narinder Singh and others vs. State of Punjab and another reported in
(2014) 6 Supreme Court Cases 466, wherein the Hon'ble Supreme Court
has laid down guidelines in respect of the compounding offences in para
No.29.1. to 29.7. as follows:-
"29. In view of the aforesaid discussion, we sum up
and lay down the following principles by which the
High Court would be guided in giving adequate
treatment to the settlement between the parties and
exercising its power under Section 482 of the Code
while accepting the settlement and quashing the
proceedings or refusing to accept the settlement with
direction to continue with the criminal proceedings:
29.1. Power conferred under Section 482 of the Code
is to be distinguished from the power which lies in the
Court to compound the offences under Section 320 of
the Code. No doubt, under Section 482 of the Code,
the High Court has inherent power to quash the
criminal proceedings even in those cases which are
not compoundable, where the parties have settled the
matter between themselves. However, this power is to
be exercised sparingly and with caution.
29.2. When the parties have reached the settlement
and on that basis petition for qushing the criminal
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proceedings is filed, the guiding factor in such cases
would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form
an opinion on either of the aforesaid two objectives.
29.3. Such a power is not to be exercised in those
prosecutions which involve heinous and serious
offences of mental depravity or offences like murder,
rape, dacoity, etc., Such offences are not private in
nature and have a serious impact on society.
Similarly, for the offences alleged to have been
committed under special statute like the Prevention of
Corruption Act or the offence committed by public
servants while working in that capacity are not to be
quashed merely on the basis of compromise between
the victim and the offender.
29.4. On the other hand, those criminal cases having
overwhelmingly and predominantly civil character,
particularly those arising out of commercial
transactions or arising out of matrimonial
relationship or family disputes should be quashed
when the parties have resolved their entire disputes
among themselves.
29.5. While exercising its powers, the High Court is to
examine as to whether the possibility of conviction is
remote and bleak and continuation of criminal cases
would put the accused to great oppression and
prejudice and extreme injustice would be caused to
him by not quashing the criminal cases.
29.6. Offences under Section 307 IPC would fall int he
category of heinous and serious offences and therefore
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are to be generally treated as crime against the
society and not against the individual alone.
However, the High Court would not rest its decision
merely because there is a mention of Section 307 IPC
in the FIR or the charge is framed under this
provision. It would be open to the High Court to
examine as to whether incorporation of Section 307
IPC is there for the sake of it or the prosecution has
collected sufficient evidence, which if proved, would
lead to proving the charge under Section 307 IPC.
For this purpose, it would be open to the High Court
to go by the nature of injury sustained, whether such
injury is inflicted on the vital / delicate parts of the
body, nature of weapons used, etc., Medical report in
respect of injuries suffered by the victim can generally
be the guiding factor. On the basis of this prima facie
analysis, the High Court can examine as to whether
there is a strong possibility of conviction or the
chances of conviction are remote and bleak. In the
former case it can refuse to accept the settlement and
quash the criminal proceedings whereas in the latter
case it would be permissible for the High Court to
accept the plea compounding the offence based on
complete settlement between the parties. At this stage,
the Court can also be swayed by the fact that the
settlement between the parties is going to result in
harmony between them which may improve their
future relationship.
29.7. While deciding whether to exercise its power
under Section 482 of the Code or not, timings of
settlement play a crucial role. Those cases where the
settlement is arrived at immediately after the alleged
commission of offence and the matter is still under
investigation, the High Court may be liberal in
accepting the settlement to quash the criminal
proceedings / investigation. It is because of the
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reason that at this stage the investigation is still on
and even the charge sheet has not been filed.
Likewise, those cases where the charge is framed but
the evidence is yet to start or the evidence is still at
infancy stage, the High Court can show benevolence
in exercising its powers favourably, but after prima
facie assessment of the circumstances / material
mentioned above. On the other hand, where the
prosecution evidence is almost complete or after the
conclusion of the evidence the matter is at the stage of
argument, normally the High Court should refrain
from exercising its power under Section 482 of the
Code, as in such cases the trial Court would be in a
position to decide the case finally on merits and to
come to a conclusion as to whether the offence under
Section 307 IPC is committed or not. Similarly, in
those cases where the conviction is already recorded
by the trial Court and the matter is at the appellate
stage before the High Court, mere compromise
between the parties would not be a grund to accept the
same resulting in acquittal of the offender who has
already been convicted by the trial Court. Here
charge is proved under Section 307 IPC and
conviction is already recorded of a heinous crime and,
therefore, there is no question of sparing a convict
found guilty of such a crime".
7. On a careful perusal of the above said judgment, it is clear that
when the parties have reached the settlement and on that basis, petition
for quashing the criminal proceedings is filed, the guiding factors in such
cases would be to secure ends of justice or to prevent abuse of the
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process of any Court. While exercising the power, the High Court has to
form an opinion on either of the aforesaid two objectives.
8. In this case, due to sudden provocation, the occurrence had
happened. As per the available records, the victim did not sustain any
injuries and the petitoiner has no intention to cause death to the victim.
Therefore, the defacto complainant decided to forgive the petitioner,
thereby, the parties entered into compromise. Moreover in this case, no
evidence has been recorded and the case is pending at the stage of trial.
At this stage, the parties entered into compromise. Therefore, in order to
secure the ends of justice, it is appropriate to allow the petition by
applying the law laid down by the Hon'ble Supreme Court in the above
said judgment.
9. Therefore, in view of the above discussions and the above said
judgment, this Court is of the opinion that it is appropriate to allow this
petition.
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10. Accordingly, this Criminal Original Petition stands allowed
and the proceedings in S.C.No.188 of 2024 on the file of the learned II
Additional District and Sessions Judge, Trichy is quashed.
21.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Inspector of Police,
Cantonment Police Station,
Trichy City.
2.The II Additional District and Sessions Judge,
Trichy.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
P.DHANABAL, J.
BTR
21.02.2025
https://www.mhc.tn.gov.in/judis
