The High Court can quash non-compoundable FIRs arising from marital disputes if the parties have amicably settled and the offences are not heinous, as continuing the trial would be a futile exercise and would not serve the ends of justice.

ORAL ORDER

1. Leave to amend. Learned advocate Mr. M.S. Padaliya for the applicants submits that during the pendency of the present application, the charge-sheet came to be filed and seeks permission to amend the present application.

2. Learned advocate Mr. Nikhil Maru submits that he has instructions to appear on behalf of the respondent No.2 – original complainant and seeks permission to file his appearance.

Registry to accept.

3. By way of the present application under Section - 528 of the Bhartiya Nagarik Suraksha Sanhita - 2023 , the applicants - original accused, have prayed for quashing of FIR registered at CR No. I – 11210012250564 of 2025 at Chowk Bazar Police Station, District Surat dated 22.04.2025, filed against them for the offences punishable under Sections 115(2), 352, 351(3), 308(2) and 54 of Bharatiya Nyaya Sanhita, 2023 on the ground that the matter is of private nature and at the intervention of respected members of the society the dispute has already been settled between the parties.

4. Both the learned advocates jointly submits that the applicant No.1 was the wife of the respondent No.2 – original complainant and during their marital life they had disputes between them and during this interregnum period, this complaint came to be filed.

5. Mr. Nikhil Maru, learned advocate has identified the original complainant, who is present before this Court and submits that the offence was registered under Sections 115(2), 352, 351(3), 308(2) and 54 of Bharatiya Nyaya Sanhita, 2023 and with the intervention of the elders and relatives, the parties have mutually settled the matter which has culminated into a divorce and the divorce deed was executed between them on 07.07.2025. All the disputes have been resolved between the applicants and complainant and as the dispute between the parties has been amicably settled; he does not have any grievance against the applicants and, therefore, has no objection if the impugned FIR is quashed against the applicants.

6. The affidavit filed by the original complainant is taken on record, which reads as under:

“I, Bhavesh Babubhai Patel, Aged 34, Male, Occupation: Service, Residing at House No.82, Madhav Bag Society, Bhari Mata Road, Surat City, do hereby solemnly affirm and state on oath as under:

1. I am the respondent No.2-original complainant and Father of deceased Pratik in the memo of petition and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit.

2. I say that I have gone through the memo of petition and the facts and grounds stated in the memo of petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioners any further with respect to the FIR being C.R. No. 11210012250564 of 2025 at Chowk Bazar Police Station, District: Surat, Dated; 22.04.2025 for the offences punishable U/s. 115(2), 352, 351(3), 308(2), 54 of BNS 2023.

3. I say that the there was no enmity between myself and the present petitioners. In fact, both the sides are known. I have settled the dispute with the petitioners and I do not wish to go on with the FIR filed against them. I say and submit that FIR in question was lodged out of misunderstanding, misconception, desperation, anger and anxiety and therefore also I do not want to prosecute petitioners any further for the FIR impugned in the present petition.

4. It is submi