Madras High Court
Madhan vs The State Of Tamil Nadu on 18 March, 2025
Crl.O.P(MD)No.4514 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
Crl.O.P(MD)No.4514 of 2025
Madhan ... Petitioner
Vs
1. The State of Tamil Nadu,
Rep by the Inspector of Police,
Gangaikondan Police Station,
Tirunelveli District.
Crime No. 12/2025.
2. Sankarapandi ... Respondents
Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S.,
to call for the records in proceeding in Crime No. 12 of 2025 dated
09.01.2025 on the file of the first respondent police and quash the same
as illegal.
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1/10
Crl.O.P(MD)No.4514 of 2025
For Petitioners : Mr.B.Micheal Sebastin,
For R-1 : Mr.M.Sakthi Kumar
Government Advocate (Crl. Side)
For R-2 : Mr.Pragadeeswaran
ORDER
This petition has been filed by the petitioner to call for the records
pertaining to the First Information Report in Crime No.12 of 2025 dated
09.01.2025 on the file of the first respondent police, for the offences
under Sections 296(b), 109(1) and 351(3) of BNS and quash the same.
2. When the matter was taken up for hearing, the learned counsel
on both sides represented that the matter has been amicably settled
between the parties and to that effect, they have entered into a
compromise and the same was filed before this Court.
3. The defacto-complainant and the accused are present and this
Court enquired about the terms of compromise. The defacto-complainant
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represented that they entered into a compromise and he has no objection
to quash the FIR. A compromise memo, dated 11.03.2025 signed by the
parties and their respective counsel, is also filed before this Court.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police would submit that the offences are grave in nature,
thereby he strongly opposed to quash the proceedings.
5. 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
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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
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,
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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
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
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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
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
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conviction is already recorded of a heinous crime and,
therefore, there is no question of sparing a convict
found guilty of such a crime".
6. 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
process of any Court. While exercising the power, the High Court has to
form an opinion on either of the aforesaid two objectives.
7. In this case, as per the available records, the victim did not
sustain any injuries on the vital part of the body and the petitioner 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 FIR and under investigation. 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
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applying the law laid down by the Hon'ble Supreme Court in the above
said judgment.
8. 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.
9. Recording the said compromise memo, this petition is allowed
and the First Information Report in Crime No.12 of 2025 dated
09.01.2025 on the file of the first respondent police is quashed.
18.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
LR
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To
1.The State of Tamil Nadu,
Rep by the Inspector of Police,
Gangaikondan Police Station,
Tirunelveli District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.DHANABAL, J.
LR
18.03.2025
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