Inherent powers of the High Court to quash criminal proceedings for non-compoundable offences, including those under special statutes like the SC/ST Act, can be exercised if the dispute is predominantly private and financial in nature and the parties have amicably settled.

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE FIR IN MARKET P.S.CRIME NO.89/2025 DATED 08.05.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 333, 352, 351(3) OF THE BHARATIYA NYAYA SANHITA AND UNDER SECTIONS 3(2)(va), 3(2)(vii) OF THE SC & ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 AS AGAINST THE PETITIONER/ACCUSED IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

1. This petition is filed by the petitioner/accused under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023¹Hereinafter referred to as “BNSS, 2023”, seeking to quash the entire proceedings and praying for the following relief:

“WHEREFORE, it is most humbly prayed that this Hon’ble Court be pleased to Quash the FIR in Market PS Crime No.89/2025 dated 08.05.2025 for the offences punishable under Sections 115(2), 333, 352, 351(3) of the Bharatiya Nyaya Sanhita & under Sections 3(2)(va), 3(2)(vii) of the SC & ST (Prevention of Atrocities) amendment act 2015 as against the Petitioner/Accused in interest of justice and equity”.

2. The complainant and the accused are present before this Court along with their respective learned counsel. They have submitted a memorandum of compromise petition under Section 359(1) read with Section 528 of BNSS, 2023, stating that they have amicably settled the matter. The accused has prayed to quash the entire proceedings, to which the complainant has consented. Therefore, both the complainant and the accused pray that the criminal proceedings be quashed in view of the settlement.

3. Certain offences are alleged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which are non-compoundable.

4. The Hon’ble Supreme Court in the case of The Hon’ble Supreme Court in the case of Ramgopal and Another vs. State of Madhya Pradesh ²2021 SCC Online SC 834 has observed at Paragraph Nos.10 to 13, as follows:

“10. The compendium of these broad fundamentals structured in more than one judicial precedent, has been recapitulated by another 3-Judge Bench of this Court in State of Madhya Pradesh vs. Laxmi Narayan & Ors³(2019) 5 SCC 688 elaborating:

(1) That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;

(2) Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;

(3) Similarly, such power is not to be exercised for the offences under the special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender;

(4) Xxx xxx xxx

(5) While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impact on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; th