Amicable settlement between the parties can be a valid ground for quashing FIR proceedings, especially when the complainant lacks any objection.

ORAL ORDER

In this petition, petitioner seeks for the following relief:-

“ WHEREFORE, it is respectfully prayed that this Hon’ble Court be pleased to quash the F.I.R initiated against the petitioner in Crime No.171/2024 of Bantwala Town Police station on the file of the Additional Civil Judge (Junior Division) and JMFC Court, Bantwala, D.K. registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS)

2023, in the interest of justice.”

2. Learned counsel for the 2^nd respondent – complainant has filed a Memo dated 24.06.2025 duly signed by the learned counsel for petitioner, 2^nd respondent and his counsel and the same is taken on record. It is submitted that since the petitioner is in judicial custody, he is not present before the Court.

3. Learned counsel for the petitioner, respondent No.2 –

complainant and his counsel are physically present before the Court and they admit the contents of the aforesaid Memo, which reads as under:-

MEMO “ The petitioner and respondent jointly submit as follows:

1. That the above criminal petition is filed with a prayer to quash the entire criminal proceedings initiated against the petitioners in Crime No.171/2024 of Bantwala Town police station on the file of Additional Civil Judge (Junior Division) and JMFC Court, Bantwala registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023. The 2nd respondent in the complainant in the above petition.

2. It is relevant to submit here that the petitioners have not at all committed the offences as alleged by the prosecution. It is submitted that the petitioners and the accused persons are friends and there were only exchange of words between the complainant and the petitioners that to belonging to cricket game. on th vengeance this false and frivolous complaint lodged by the complainant.

3. It is submitted that the injured complainant taken treatment for only one day and later he was discharged. Therefore, only section 118(1) of The Bharatiya Nyaya Banhita (BNS) 2023 attracts which is compoundable in nature. It is submitted even on reading the complaint averments, the ingredients of heinous offence does not attracts, Hence, it is compoundable in nature

4. It is submitted that during the investigation the above case, the parties to the above petition above settled the dispute amicably between themselves at the intervention of well-wishers.

5. It is submitted that the petitioners have prayed this Hon'ble Court to quash the entire proceedings in Crime No.171/2024 of Bantwala police station on the file of Additional Civil Judge (Junior Division) and JMFC Court, Bantwala registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023. Due to the advice of the well wishers the complainant undertakes that he will not make any objections for allowing the aforesaid petition filed by the petitioners.

6. It is submitted that since the offences alleged under sections 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023 of BNS Act not compoundable in nature. Therefore, the complainant cannot withdraw the complaint before the trial Court. Under the circumstances the petitioners and the 2nd respondent have filed this joint memo with a prayer to allow the aforesaid petition and quash the entire proceedings in Crime No.171/2024 of Bantwala Town police station on the file of Additional Civil Judge (Junior Division) and JMFC Court, Bantwala registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 100(1). 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023.

7. It is submitted that the 2^nd respondent is the complainant before the trial Court and he has no objection to allow the aforesaid petition and to q