High Courts may invoke inherent powers to quash non-compoundable criminal proceedings if parties reach a voluntary settlement, the dispute is private with no significant societal impact, and the complainant ceases support for the prosecution, rendering the trial futile and burdensome to judicial resources.

ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of rule on behalf of respondent-State.

2. Learned advocate Mr.Prem K. Shah has instructions to appear on behalf of the original complainant and that he may be permitted to file his vakalatnama. Registry to accept the same.

3. By way of the present petition, the present petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has preferred the consent quashing petition to quash and set aside the FIR being C.R. No. 11205039260326 of 2026, dated 17th May 2026 registered with Madhapar Police Station, District : Kachchh West Bhuj, for the offences punishable under Sections 64(2)(m), 351(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Heard, the learned advocate for the petitioner, learned advocate for the second respondent, who is the de facto complainant and the learned Additional Public Prosecutor for the respondent – State.

4. When the matter is taken up for hearing, the learned advocate for the petitioners as well as the learned advocate for the second respondent - de facto complainant would submit that both the parties have entered into compromise and they have settled the dispute between them amicably and they have decided to compound the offence. The learned advocate for the petitioners has also filed the afÏdavit of the second respondent - de facto complainant to this effect.

5. The de facto complainant is physically present before the Court today. When questioned, he has unequivocally stated that she has entered into compromise with the accused and they have amicably settled the dispute and that, he has no objection to quash the FIR that is registered against the petitioner.

6. It is stated that the parties have amicably resolved their dispute and have expressed their desire to move on in life, particularly in view of the fact that both the petitioner and the prosecutrix are married. It is stated there is no enmity between the victim and the petitioner, and they have settled the dispute and the complainant would not wish to further prosecute the FIR against the petitioner, as both the family members have realized their mistakes. The parties would maintain a harmonious, peaceful, healthy and personal relationship in the future, and that the present afÏdavit is filed at their free will, wish and desire, on oath, and they have shown willingness not to prosecute the criminal proceedings against the petitioner as the dispute has been amicably settled.

6.1. It is further stated that the afÏdavit has been executed by her voluntarily, out of her free will, without any coercion, undue influence or pressure from any quarter. In view of the settlement, she expresses her unwillingness to pursue the criminal proceedings arising out of the FIR and conveys that she does not wish to support the prosecution any further. The parties have also expressed their intention to maintain cordial, peaceful and harmonious relations in future.

7. Learned APP would submit that this is a case under Sections 64(2)(m), 351(1) and 351(2) of the BNS, which pertain to repeated commission of rape on the same woman, and is a grave and serious offence. It is submitted that the Court should not quash the proceedings where the petitioner is involved in such a heinous offence merely on the ground of settlement between the parties, and has thus prayed for rejection of the present petition.

8. Although, the offences for which the FIR was registered, are non-compoundable offences, as per the dictum laid down by the Apex Court in Gian Singh v. State of Pu