Allowed¶28

Ajith v. State Rep. By

Madras HC29 Apr 2025CRL OP/13649/2025

Case brief

AI extract

What is this about?

Keywords: quashing of criminal proceedings on compromise; Joint Memo of Compromise; non-compoundable offences; amicable settlement; Section 482 Cr.P.C.; Section 528 BNSS 2023; Parbathbhai Aahir @ Parbathbhai v. State of Gujrath (2017) 9 SCC 641; S.C.No.225 of 2022; XXI Additional Judge, Chennai; Crime No.198 of 2022; H1 Washermenpet Police Station; costs to Chief Justice Relief Fund, Tamil Nadu; Crl.O.P.No.13649 of 2025; Crl.M.P.No.9065 of 2025; Madras High Court; decision date 29.04.2025.

What did the court decide?

Quashing of the proceedings in S.C.No.225 of 2022 pending before the learned XXI Additional Judge, Chennai as against the petitioner, with the Joint Memo of Compromise forming part of the order; connected miscellaneous petition (Crl.M.P.No.9065 of 2025) closed. ¶28

Ajith Vs State Rep. By — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceedings in S.C.No.225 of 2022 pending before the XXI Additional Judge, Chennai could be quashed under Section 482 Cr.P.C./Section 528 of BNSS, 2023 on the basis of the parties' amicable compromise, even though the offences involved are not compoundable.

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Court's answer

The Joint Memo of Compromise signed by the petitioner, the second respondent and their respective counsel was accepted after the Court enquired both parties, who were present and identified, and satisfied itself that they had come to an amicable settlement.

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Ratio / Principle

Even though the offences involved are not compoundable, no useful purpose would be served in keeping the proceedings pending once the parties have amicably settled; accordingly, in the light of the Hon'ble Supreme Court's guidelines in Parbathbhai Aahir @ Parbathbhai v. State of Gujrath, 2017 9 SCC 641, the Court exercised its jurisdiction under Section 482 Cr.P.C./Section 528 of BNSS, 2023 to quash the proceedings in S.C.No.225 of 2022 pending trial.

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Key takeaways

The proceedings in S.C.No.225 of 2022 on the file of the learned XXI Additional Judge, Chennai stand quashed as against the petitioner, and the terms of the Joint Memo of Compromise form part and parcel of the order.ratio¶27
The petitioner shall pay Rs.10,000/- in total as costs to the Chief Justice Relief Fund, Tamil Nadu within one week from receipt of a copy of the order, and file a photocopy of the receipt along with a memo reporting compliance in the Registry.ratio¶27

Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J.), Crl.O.P.No.13649 of 2025, decided 29.04.2025 — Quashing on compromise: On a Joint Memo of Compromise signed by the petitioner Ajith and the second respondent Seeni, with all parties present and identified, the Court held that no useful purpose would be served in keeping the proceedings pending even though the offences involved were not compoundable, and, in the light of the Hon'ble Supreme Court's guidelines in Parbathbhai Aahir @ Parbathbhai v. State of Gujrath, 2017 9 SCC 641, quashed the proceedings in S.C.No.225 of 2022 (arising from Crime No.198 of 2022, H1 Washermenpet Police Station, Chennai) pending before the XXI Additional Judge, Chennai, as against the petitioner, in exercise of jurisdiction under Section 482 Cr.P.C./Section 528 of BNSS, 2023. Petition allowed; connected Crl.M.P. closed; petitioner directed to pay Rs.10,000/- as costs to the Chief Justice Relief Fund, Tamil Nadu within one week and to file the receipt with a compliance memo.

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Crl.O.P.No. 13649 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.04.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.13649 of 2025 and Crl.M.P.No.9065 of 2025

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Ajith ... Petitioner

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Vs.

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State rep. by: 1.The Inspector of Police H1 Washermenpet Police Station, Chennai. (Crime No.198 of 2022)

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2.Seeni ..Respondents

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PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in S.C.No.225 of 2022 on the file of the learned XXI Additional Judge, Chennai and quash the same.

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For Petitioner : Mr.R.Mukesh Kannah For R1 : Mr.A.Gopinath, Government Advocate (crl.side) For R2 : Mr.R.Rajadurai

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No. 13649 of 2025

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O R D E R

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This Criminal Original Petition has been filed to quash the

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p roceedings in S.C.No.225 of 2022 on the file of the learned XXI Additional Judge, Chennai.

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Pending this petition, the parties have decided to bury their

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hatchet and compromise the dispute amicably among themselves.

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A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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Under such circumstances, no useful purpose will be served

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No. 13649 of 2025

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in keeping the proceedings pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceedings i n S.C.No.225 of 2022 pending trial on the file of the learned XXI Additional Judge, Chennai.

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5 . In view of the above, the proceedings in S.C.No.225 of 2022 on the file of the learned XXI Additional Judge, Chennai., is hereby quashed as against the petitioner. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand only) in total as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

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6 . Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No. 13649 of 2025

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29.04.2025

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Neutral citation : Yes/No Speaking/non-speaking order shk