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2026 Supreme(Raj) 240

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ANUROOP SINGHI, J.
Abhishek S/o Ramprasad Jat – Appellant
Versus
The State of Rajasthan – Respondent
S.B. Criminal Miscellaneous (Petition) No. 2775 of 2026
Decided On : 15-05-2026

Advocates Appeared:
For the Appellant : Vijendra Yadav
For the Respondents: Arti Sharma, Manish K. Saini

The High Court may exercise its inherent powers to quash criminal proceedings for non-compoundable offences when the underlying dispute is essentially private or commercial in nature, the parties have reached an amicable settlement, and the offences do not have a serious impact on society.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Bharatiya Nyaya Sanhita, 2023 - Sections 115(2), 126(2), 127(2), 140(3), 303(2) and 189(2) - Quashing of criminal proceedings - Inherent powers of High Court - Dispute of private and commercial nature - Compromise between parties - Whether criminal proceedings can be quashed in view of settlement. (Paras 1, 6, 8, 9)

(B) Inherent Powers - Scope of - High Court in exercise of its inherent powers can quash criminal proceedings even in respect of non-compoundable offences if the dispute is essentially of a private and personal nature and the parties have amicably settled the matter, provided that such offences do not have a serious impact on society. (Para 8)

Facts of the case:
The petitioners sought the quashing of an FIR registered for various offences under the penal code. The dispute arose from an inter-se disagreement of a private and commercial nature. The parties reached a compromise, which was confirmed by the investigating agency.

Findings of Court:
The court observed that the dispute was private and commercial, and the parties had resolved it amicably. Given the lack of subsisting grievances and the remote possibility of conviction, continuing the proceedings would constitute an abuse of the process of law.

Issues: Whether the High Court can exercise its inherent powers to quash criminal proceedings for non-compoundable offences based on a compromise between the parties in a private dispute.

Ratio Decidendi: The court held that when a dispute is essentially private and personal in nature and has been amicably settled, the High Court may exercise its inherent powers to quash criminal proceedings to prevent abuse of the process of law, provided the offences do not have a serious impact on society.

Result: Criminal miscellaneous petition allowed; FIR and all consequential proceedings quashed and set aside.

Table of Content
1. parties seek fir quashing based on amicable settlement of private dispute. (Para 1 , 2 , 3 , 4)
2. private non-compoundable offences quashable if dispute is personal. (Para 5 , 6 , 7 , 8 , 9)
3. court exercises inherent powers to quash fir and proceedings. (Para 10 , 11)

ORDER :

1. The present criminal miscellaneous petition has been filed by the petitioners under Section 528 of BNSS, 2023 seeking quashing of FIR No.0034/2026 dated 31.01.2026 registered at Police Station Mehandwas, District Tonk, for the alleged offences punishable under Sections 115(2), 126(2), 127(2), 140(3), 303(2) and 189(2) of BNS, 2023 and all consequential proceedings arising therefrom.

2. Learned counsel for the petitioners, at the very outset, submit that the FIR in question arises out of an inter-se dispute between the parties and as the parties have arrived at a compromise dated 23.04.2026, a copy of which has been annexed with the petition as Annexure-2, the FIR in question deserves to be quashed in view of the judgments passed by the Hon’ble Supreme Court in Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab & Anr., (2014) 6 SCC 466 and State of Madhya Pradesh Vs. Laxmi Narayan & Ors., (2019) 5 SCC 688.

3. Learned counsel appearing for respondent Nos.2 and 3 - complainants while acknowledging the factum of compromise between the parties submits that the respondent Nos.2 and 3 - complainants have willingly arrived at the said compromise and have no objection if the FIR in question is quashed.

4. Learned Public Prosecutor has handed over the factual report dated 12.05.2026 submitted by the concerned Investigating Officer, wherein the factum of compromise being entered into between the parties has been confirmed and thus, he submits that in view of the compromise entered into between the parties, appropriate order be passed.

5. Heard learned counsel for the parties and perused the record.

6. Perusal of the impugned FIR reveals that the dispute between the accused-petitioners and the complainants was primarily with respect to non-payment of a certain amount, which is primarily of a private and commercial nature, and the said dispute has been amicably settled between the parties by entering into a compromise dated 23.04.2026 (Annexure-2).

7. In pursuance to the order dated 06.05.2026 passed by this Court, the Investigating Officer was directed to submit the status report with respect to the compromise entered into between the parties. Factual report in that regard has been received and is taken on record, wherein the Investigating Officer has confirmed the factum of compromise being entered into between the parties. The antecedents of the petitioners have also been placed on record.

8. From the material on record, it is apparent that the dispute has amicably been settled between the parties. The Hon’ble Supreme Court in Gian Singh (supra), has authoritatively held that the High Court in exercise of its inherent powers under Section 482 Cr.P.C. can quash criminal proceedings even in respect of non-compoundable offences if the dispute is essentially of a private and personal nature and the parties have amicably settled the matter, provided that such offences do not have a serious impact on society. The above mentioned position of law has been reiterated and has been consistently held in currency by the Hon’ble Supreme Court and Co-ordinate Benches of this Court.

9. In light of the above, this Court finds that the dispute has been amicably resolved. The complainants have no subsisting grievance against the petitioners and hence, as there is remote possibility of conviction, allowing such criminal proceedings to continue would be nothing but an abuse of the process of law and thus, it would be in the interest of justice to exercise the inherent powers as vested upon this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.

10. Resultantly, this criminal miscellaneous petition stands allo

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