The court may quash FIRs in exceptional circumstances to promote justice, even for non-compoundable offences, provided there is an amicable settlement between the parties.

ORDER :

1. Through the medium of instant petition filed in terms of Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘BNSS’ for short) corresponding to Section 482 of the erstwhile Code of Criminal Procedure, 1973 (hereinafter to be referred as Code for short), the petitioners seeks the quashment of the FIR No. 184/2024 registered on 13.05.2024 with Police Station, Rajouri for alleged commission of offences under Sections 147, 336, 354, 504 and 506 of IPC with all investigation proceedings on the main ground that the contesting parties i.e. the petitioners/accused and the respondent No. 3/complainant have already settled their grievances amicably.

2. This Court as per the previous order dated 12.07.2024 got the statements of the contesting parties recorded before the Registrar Judicial of this Court as regards the alleged compromise between them. 

3. The said statements of the parties recorded by the Registrar Judicial have been perused, wherein it has been stated by all the petitioners that they have settled the dispute amicably with the respondent No. 3. It has been stated by the respondent No. 3 that she has settled the dispute with all the petitioners amicably and, as such, she does not want to pursue the investigation process in FIR bearing No. 184/2024 dated 13.05.2024 registered upon her complaint against the petitioners. She further stated that she has no objection in case this court quashes the FIR impugned. Further it has been stated by the contesting parties that they have executed a compromise deed dated 27.06.2024.

4. In the backdrop of the mutual settlement of the dispute between the contesting parties i.e. the petitioners/accused and the respondent No. 3/complainant, this Court is of the opinion that it may meet the ends of justice in case the impugned FIR is quashed along with the investigation proceedings, as the same may facilitate the parties being neighbours to live peacefully in future.

5. Although this Court is of the opinion that an FIR cannot be generally and in a routine manner allowed to be quashed in exercise of the powers under Section 528 of the BNSS corresponding to Section 482 of Code on the mere ground that the parties have settled their controversy that had become the cause of the occurrence, yet the provisions of Section 320 of the Code do not restrict the powers of this Court vested in it under Section 528 of BNSS to quash the FIR and the consequent investigation process in exceptional circumstances for furthering the cause of justice especially in cases where the disputes involving neighbours are amicably settled subsequent to registration of the FIR.

6. In case the FIR’s and the criminal cases culminating from the investigations are allowed to be quashed at the wish of the complainants and/or accused, the criminal justice system is likely to become a causality and the society at large will have to bear the consequences.

7. The provisions of the Section 320 of the Code of 1973 corresponding to the Section 359 of the new Code i.e. Bharatiya Nagrik Suraksha Sanhita, 2023 (‘BNSS’ for Short) do not restrict but limit and circumvent the powers of this Court under Section 482 of the Code corresponding to Section 528 of the new Code (BNSS) regarding quashment of FIR’s and criminal proceedings, for the sake of the society at large, which is the real beneficiary of the criminal justice delivery system.

8. Both the repealed Code of 1973 and the new Code of 2023 as per the provisions respectively contained under Sections 320 (9) and 359 (9) provide that no offence shall be compounded except as provided under the said sections.

9. It has been held by the Hon’ble Apex Court in Gopakumar B. Nair Vs. CBI reported in (2014) 5 SCC 800 that, “Though quashment of non-compoundable offence under Section 482 Cr. P.C. following settlement between parties would not amount to circumvention of Section 320, but such power has to be exercised with care and caution and would depend on fac