S.Akilan v. State Of Tamilnadu Rep By Sub Inspector Of Police, T.Kallupatti
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD)No.3665 of 2026 S.Akilan ... Petitioner/Sole Accused Vs.
1.State of Tamilnadu rep by The Sub Inspector of Police T.Kallupatti Police Station, Madurai District.
(Crime No.94 of 2025) ...1st Respondent/Complainant
2. Murugan ....2nd Respondent/Defacto Complainant PRAYER : Petition filed under Section 528 of BNSS, 2023, to call for the records pertaining to of impugned charge sheet filed in C.C.No.217 of 2025 pending on the file of learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District and quash the same. For Petitioner : Mr.S.Rajendran For Respondents : Mr.B.Thanga Aravindh Govt. Advocate (Crl.Side) Mr.A.Chandrakumar for R2 1/7
ORDER
This Criminal Original Petition is filed under Section 482 CrPC / Section 528 BNSS, seeking to quash the charge sheet in C.C.No.217 of 2025 pending on the file of learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District, insofar as the petitioner is concerned.
2. The gist of the allegations in the final report is that on 19.05.2025, at about 09.30 p.m, due to previous motive, the petitioner is said to have waylaid the complainant and assaulted him and criminally intimidated him. Pursuant to the complaint given by the defacto complainant / second respondent, a case in Crime No.94 of 2025 was registered on the file of the first respondent against the petitioner for the offences under Sections 126(1), 296(b), 118(1) and 351(3) of BNS, 2023 (Corresponding offences U/s.339, 294(b), 324, 506 of IPC) and the same culminated in laying final report in C.C.No.217 of 2025 before the file of the learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District, for the same offences. Seeking quashment of the charge sheet, this Criminal Original Petition is filed.
3.
Admittedly, the petitioner, the second respondent have now resolved the dispute amicably. A Joint Compromise Memo dated 26.02.2026 has been filed before this Court.
2/7
4.
The petitioner and the second respondent / defacto complainant are present before this Court in person and are identified by Mr.Murugan, SubInspector of Police, T.Kallupatti Police Station, Madurai District. The defacto complainant has categorically stated that he do not wish to pursue the proceedings against the petitioner 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 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. 2012 (10) SCC 303 3/7
6.
The said principles were succinctly crystallised in Parbatbhai Aahir v. State of Gujarat2, 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 Narayan3, 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.
2017 (9) SCC 641 2019 (5) SCC 688 4/7
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 petitioner, 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 charge sheet in C.C.No.217 of 2025 pending on the file of learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District, is quashed and the Criminal Original Petition stands allowed. The petitioner shall pay a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of the District Legal Services Authority, Madurai, on or before 17.04.2026. The joint compromise memo dated 26.02.2026 shall form part and parcel of this order.
5/7
11.
The petitioner is directed to file a memo along with the photocopy of the receipt before the Registry on or before 17.04.2026. List the matter on 20.04.2026, for reporting compliance.
27.02.2026 2/2 NCC : Yes / No Index : Yes / No dss TO:-
1. The learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District 2.The Sub Inspector of Police T.Kallupatti Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
6/7
L.VICTORIA GOWRI, J.
dss Order made in Crl.O.P.(MD)No.3665 of 2026 Dated 27.02.2026 7/7