Case Note & Summary
The petitioners, four individuals (Bala @ Balamurugan, Dilipan, Mohammed Ibrahim, and Ajith), filed a Criminal Original Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the Madurai Bench of the Madras High Court, seeking to quash the proceedings in C.C.No.2010 of 2023 pending before the Judicial Magistrate No.II, Madurai. The case originated from an incident on 25.11.2022, when the de facto complainant (second respondent, M.Veeramani) was parking his car and found the petitioners, who were employees of an adjacent godown, quarreling with his father. When the complainant intervened, the petitioners allegedly abused him with filthy language, assaulted him, and threw stones, causing injuries. Based on the complaint, FIR No.836 of 2022 was registered, and after investigation, a charge sheet was filed for offences under Sections 294(b), 323, 324, and 506(2) IPC against the first petitioner, and under Sections 294(b), 323, and 506(2) IPC against petitioners 2 to 4. The petitioners argued that the occurrence was not motivated, there was no real intention to cause injury, and the police had filed an exaggerated charge sheet. During the pendency of the trial, the parties, being neighbours, decided to compromise amicably, realizing their mistakes. A Joint Memo of Compromise was filed, signed by the petitioners and the second respondent, and both parties appeared before the court and were identified by the police and their counsels. The court, after verifying the voluntary nature of the compromise, held that the dispute was personal, arising from a sudden wordy quarrel without premeditation. Relying on the Supreme Court's decision in Gian Singh v. State of Punjab (2012) 10 SCC 303, the court noted that the High Court has inherent power to quash criminal proceedings in non-compoundable offences where the parties have genuinely settled the dispute, to secure the ends of justice. Accordingly, the court allowed the petition, quashed the proceedings in C.C.No.2010 of 2023, and discharged the petitioners.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Compromise in Non-Compoundable Offences - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - The High Court quashed criminal proceedings for offences under Sections 294(b), 323, 324, 506(2) IPC based on a joint compromise memo, holding that where the dispute is personal and parties have amicably settled, the High Court has inherent power to quash proceedings to secure the ends of justice. (Paras 7-8) B) Criminal Law - Offences - Assault and Hurt - Sections 294(b), 323, 324, 506(2) Indian Penal Code, 1860 - The case arose from a sudden wordy quarrel between neighbours leading to exchange of blows and stone-throwing. The court noted the absence of premeditation and the personal nature of the dispute, and allowed quashing upon compromise. (Paras 2, 5, 7)
Issue of Consideration
Whether criminal proceedings for offences under Sections 294(b), 323, 324, 506(2) IPC can be quashed on the basis of a compromise between the parties when the offences are not compoundable under Section 320 CrPC.
Final Decision
The court allowed the petition, quashed the proceedings in C.C.No.2010 of 2023 pending before the Judicial Magistrate No.II, Madurai, and discharged the petitioners.
Law Points
- Compromise in non-compoundable offences
- Quashing of criminal proceedings under Section 528 BNSS
- Personal nature of dispute
- Power of High Court to quash FIR on compromise
