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VISHAL DHAGAT
Jaspreet Singh Chima – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Applicant has filed this petition under section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) for quashing of charge-sheet.
2. Counsel appearing for applicant submitted that compromise has taken place between the parties. Evidence has also been recorded. Dispute was over minor issue. In these circumstances, charge-sheet filed against applicant be quashed.
3. Government Advocate appearing for respondent No.1-State opposed the prayer and submitted that the offence alleged against applicant is under Section 326 of IPC, which is punishable up to life imprisonment or 10 years of imprisonment.
4. Heard counsel for the parties.
5. Schedule-II of Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) is reproduced as under:
I. CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS
| Offence | Cognizable or non-cognizable | Bailable of non-bailable | By what Court triable |
| 1 | 2 | 3 | 4 |
| If punishable with death, imprisonment for life, or imprisonment for more than 7 years | Cognizable | Non-bailable | Court of Session |
| If punishable with imprisonment for 3 years and upwards but not more than 7 years | Cognizable | Non-bailable |
|
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice is served.
The court cannot quash proceedings for heinous offences like rape based on compromise, emphasizing the serious societal impact of such crimes.
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice and preventing abuse of process.
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