FIR quashed under Section 482 CrPC post amicable compromise despite non-compoundable offences, following Supreme Court guidelines.

ORDER

The Criminal Original Petition was filed to quash the First Information Report in Crime No.60 of 2025 on the file of the first respondent police.

2.The case of the prosecution is that the petitioners who are the tenants under the defacto-complainant’s / second respondent had a dispute with regard to tenancy and thereafter a complaint was registered in Cr.No.60 of 2025 for the offence under Section 316 (2), 318 (3) of BNS, 2023.

3.The contention of the learned counsel for the petitioners is that the petitioners as landlords leased the property to the second respondent / defacto- complainant after receiving a lease amount of Rs.11,50,000/-. In the meanwhile, the petitioners fell into debt and were unable to make the necessary payment arrangements with the bank for the loan obtained for the leased premises. Consequently, bank officials initiated recovery proceedings and visited the premises to question the petitioners. It was only then that the defacto- complainant came to know about the loan on the premises where they were residing and there was a wordy quarrel between them and immediately requested the petitioners to repay the lease amount of Rs.11,50,000/-. Hence, the complaint has been registered against the petitioners.

4.The learned counsel for the petitioners submitted that after registration of First Information Report, they have filed anticipatory bail before this Court in Crl.O.P.No.11452 of 2025 on 28.04.2025 and this Court granted anticipatory bail on condition that the petitioners shall deposit a sum of Rs.5,00,000/- and the same was paid and thereafter on 16.02.2026 they paid Rs.1,50,000/- and the balance Rs.1,50,000/- is paid today by way of demand draft bearing No.026907 dated 23.03.2026.

5.Considering the submissions and on perusal of materials, it is seen that the case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

6.A Joint Compromise agreement, dated 18.02.2026, has been filed before this Court, which has been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The petitioners and the 2^nd respondent have filed separate affidavit before this Court and also filed the Joint Compromise Memo.

7.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the First Information Report on the file of the 1^st respondent Police.

8.This Criminal Original Petition stands allowed and as a sequel, the case in Crime No.60 of 2025, on the file of the 1^st respondent police, is quashed.

Consequently, connected Criminal Miscellaneous Petition is closed.