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CDJ 2026 MHC 1919 print Preview print Next print
Court : Before the Madurai Bench of Madras High Court
Case No : Crl. O.P.(MD). No. 121 of 2026
Judges: THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
Parties : Velmurugan @ Purotta & Another Versus The State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Usilampatti Sub Division, M.Kallupatti Police Station, Madurai & Another
Appearing Advocates : For the Petitioners: D. Shanmugaraja Sethupathi, Advocate. For the Respondents: R1, Sakthi Kumar, Government Advocate (Crl.Side), R2, D. Muthupandi, Advocate.
Date of Judgment : 23-01-2026
Head Note :-
BNSS, 2023 - Section 528 -
Summary :-
Statutes / Acts / Rules Mentioned:
- Section 528 of BNSS, 2023
- Section 482 CrPC
- Sections 294(b), 323, 506(1) of IPC
- Sections 3(1)(r), 3(1)(s) & 3(1)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015

Catch Words:
- Quashment
- Compromise
- Inherent jurisdiction
- Non‑compoundable offence
- Private dispute

Summary:
The petition under Section 528 BNSS, 2023 and Section 482 CrPC seeks to quash the charge‑sheet in Special Criminal Case No. 37 of 2023 relating to offences under the IPC and the SC/ST (Prevention of Atrocities) Act. The petitioners and the de‑facto complainant have resolved their personal dispute and filed a joint compromise memo dated 15‑12‑2025, with the complainant expressly refusing to pursue the case. The Court examined precedent on the High Court’s inherent power to quash proceedings on the basis of compromise, emphasizing that such power is exercisable when the dispute is essentially private and the offence is not of serious societal impact. Finding the dispute private, the offence not grave, and the compromise voluntary, the Court held that continuation of the criminal proceedings would be an abuse of process. Consequently, the final report was quashed and the petition allowed.

Conclusion:
Petition Allowed
Judgment :-

Prayer : Petition filed under Section 528 of BNSS, 2023 to call for the entire records in Spl.S.C.No.37 of 2023 on the file of the III Additional Distirct & Sessions Judge (PCR), Madurai and quash the charge sheet and all further proceedings as against the petitioners.

1. This Criminal Original Petition is filed under Section 482 CrPC / Section 528 BNSS, seeking to quash the charge sheet in Spl.S.C.No.37 of 2023 on the file of the learned III Additional District & Sessions Judge (PCR), Madurai.

2. The gist of the allegations in the final report is that due to previous enmity, the petitioners abused the defacto complainant in filthy language and attacked him, thereby causing injuries. Pursuant to the complaint given by the defacto complainant / second respondent, a case in Crime No.23 of 2023 was registered on the file of the first respondent against the petitioners and others for the offences under Sections 294(b), 323, & 506(1) of IPC and Sections 3(1) (r), 3(1)(s) & 3(1)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and the same culminated in laying final report in Sessions Spl.S.C.No.37 of 2023 before the file of the learned III Additional District & Sessions Judge (PCR), Madurai, for the offences under Sections 294(b), 323, & 506(1) of IPC and Sections 3(1)(r), 3(1) (s) & 3(1)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Seeking quashment of the charge sheet, this Criminal Original Petition is filed.

3. Admittedly, the petitioners and the second respondent are residing in the same locality, and they have now resolved the dispute amicably. A Joint Compromise Memo dated 15.12.2025 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 Mr.P.Sankar, M.Kallupatti 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 Punjab(2012 (10) SCC 303), 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 noncompoundable 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 Gujarat(2017 (9) SCC 641), wherein the Supreme Court, after surveying the 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(2019 (5) SCC 688), 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 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 private in character 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. Accordingly, the impugned final report in Spl.S.C.No.37 of 2023 on the file of the learned III Additional District & Sessions Judge (PCR), Madurai, is quashed and the Criminal Original Petition stands allowed. The joint compromise memo dated 15.12.2025 shall form part and parcel of this order.

 
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