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Madras High Court
Kandhan @ Kandakumar vs The State Of Tamil Nadu on 26 February, 2026
Crl.O.P.(MD)No.4286 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.O.P.(MD)No.4286 of 2026
& Crl.M.P.(MD)No.4612 of 2026
1.Kandhan @ Kandakumar
2.Mahalakshmi
3.Rajaraman @ Rajaram
4.Ganesan
5.Ravi ... Petitioners/
Accused No. 1 to 3, & rank not known
Vs.
1. The State of Tamil Nadu,
Rep. by the Inspector of Police,
Thallakulam Police Station,
Madurai City.
(Crime No. 1254 of 2023) ... 1st Respondent/Complainant
2. Periyamayan ... 2nd Respondent/ Defacto Complainant
PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the
records in Crime No.1254 of 2023 on the file of the respondent police and
quash the same in respect of the petitioner / sole accused as illegal.
For Petitioners : Mr. P.Chandrasekar
For Respondents : Mr. S.Ravi (R1)
Additional Public Prosecutor
Mr. J.M.Aravind Pawlraj (R2)
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Crl.O.P.(MD)No.4286 of 2026
ORDER
This Criminal Original Petition is filed under Section 482 CrPC / Section
528 BNSS, seeking to quash the FIR in Crime No.1254 of 2023 on the file of
the 1st respondent.
2. The gist of the allegations in the FIR is that due to the family dispute,
the accused persons abused the defacto complainant in filthy language, attacked
him with aruval thereby causing injuries and also criminally intimidated him.
Pursuant to the complaint given by the defacto complainant / second
respondent, a case in Crime No.1254 of 2023 was registered on the file of the
first respondent against the petitioners for the offences under Sections 147, 148,
296(b), 324, 506(2) of IPC. Seeking quashment of the FIR, this Criminal
Original Petition is filed.
3. Admittedly, the petitioners and the second respondent are
relatives, and they have now resolved the dispute amicably. A Joint
Compromise Memo dated 22.01.2026 has been filed before this Court.
4. The petitioners and the second respondent / defacto complainant
are present before this Court in person and are identified by Ms.A.Jayalakshmi,
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SSI, D.Thallakulam Police Station, Madurai District. The defacto complainant
has categorically stated that he does not wish to pursue the proceedings against
the petitioners herein. This Court is satisfied that the compromise is voluntary
and not the result of any coercion or undue influence.
5. The law relating to quashment of criminal proceedings on the basis
of compromise between the parties is well settled. In Gian Singh v. State of
Punjab1, the Hon’ble Supreme Court authoritatively held that the inherent
power of the High Court under Section 482 CrPC is of wide amplitude and may
be exercised to quash criminal proceedings even in respect of non-
compoundable offences, provided the dispute is essentially private in nature
and the quashment would secure the ends of justice. The Court, however, drew
a clear distinction between offences arising out of personal or matrimonial
disputes, commercial transactions and similar private wrongs, and serious or
heinous offences having grave impact on society, holding that the latter
category cannot ordinarily be quashed merely on the basis of a settlement.
6. The said principles were succinctly crystallised in Parbatbhai
Aahir v. State of Gujarat2, wherein the Supreme Court, after surveying the
1 2012 (10) SCC 303
2 2017 (9) SCC 641
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earlier precedents, laid down broad propositions governing the exercise of
inherent jurisdiction on the basis of compromise. It was emphasised that the
paramount consideration is whether the continuance of the criminal
proceedings would be unfair or contrary to the interests of justice, and whether
the dispute predominantly bears a civil or private character, rendering the
possibility of conviction remote and bleak.
7. In State of Madhya Pradesh v. Laxmi Narayan 3, the Supreme
Court reiterated and clarified the limitations on such power, holding that
offences of a serious nature, particularly those involving mental depravity,
grave violence, or offences against society at large, cannot be quashed on the
basis of compromise, even if the parties have amicably settled the dispute. The
Court further cautioned that while examining compromise quash petitions, the
High Court must consider the nature and gravity of the offence, the conduct of
the accused, and the stage of the proceedings, and the overall impact on society
and must satisfy itself that the settlement is voluntary and not the result of
coercion or undue influence.
8. Applying the aforesaid principles to the facts of the present case,
this Court has carefully examined the nature and gravity of the allegations, the
3 2019 (5) SCC 688
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relationship between the parties, the conduct of the petitioners, the stage of the
proceedings, and the voluntary nature of the compromise.
9. The dispute in question is predominantly a family dispute and does
not involve any offence having serious or grave impact on society at large. In
view of the compromise arrived at between the parties, the possibility of
conviction is rendered remote and bleak. Continuation of the criminal
proceedings would therefore serve no useful purpose and would amount to an
abuse of the process of Court.
10. Further, the Hon’ble Supreme Court, in Lovely Salhotra and
another v. State (NCT of Delhi) and another4, has held that where no offence
is made out against any accused, the Court can certainly consider quashing the
charges against those accused, against whom no offence is made out.
11. It is understood that the defacto complainant / second respondent is
serving as a police constable and the second petitioner, who is his wife, is
serving as a school teacher. The defacto complainant / second respondent
himself submitted that there is a misunderstanding between them and he used to
give complaints before police stations and the same culminated in compromise.
4 AIR 2017 SC 2595
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This is one of such case. This Court, being apprised of the statements made by
the defacto complainant, hereby directs both the second petitioner and the
second respondent (de facto complainant) to file an affidavit affirming that they
will not file any police complaint in relation to any matrimonial dispute. In
compliance with this direction, the de facto complainant (second respondent)
and the second petitioner, his wife, have jointly submitted an undertaking
affidavit dated 26.02.2026.
12. Accordingly, the impugned FIR in Crime No.1254 of 2023 on
the file of the first respondent is quashed insofar as the petitioners herein are
concerned and the Criminal Original Petition stands allowed. The defacto
complainant / second respondent and the second petitioner, who is his wife
shall each individually pay a sum of Rs.10,000/- (Rupees Ten Thousand only),
for establishing an E-Library to the credit of the MBHAA, in Indian Bank,
Madurai Bench of Madras High Court Branch, Account No.496038755 IFSC
No.IDIB000H040, MICR Code: 625019020, on or before 23.03.2026. The
joint compromise memo dated 22.01.2026 and the undertaking affidavit dated
26.02.2026 shall form part and parcel of this order.
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13. The petitioners are directed to file a memo along with the
photocopy of the receipt before the Registry on or before 23.03.2026. List the
matter on 24.03.2026, for reporting compliance. Consequently, connected
miscellaneous petition is closed.
26.02.2026
NCC : Yes / No
Index : Yes / No
Sm
TO:-
1. The Inspector of Police,
Thallakulam Police Station,
Madurai City.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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L.VICTORIA GOWRI, J.
Sm
Order made in
Dated
26.02.2026
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