The court can quash FIRs in non-compoundable cases based on a valid compromise between parties, preventing abuse of legal process.

ORDER

By invoking inherent power of this Court, present petition has been preferred by petitioners u/S.482 of Cr.P.C. seeking quashment of FIR bearing Crime No. 368/2021 registered at Police Station Gwalior, District Gwalior (M.P.) for the offences under Sections 307, 34 of IPC and other subsequent criminal proceedings initiated therefrom on the basis of compromise.

2. Alongwith the petition, both the parties have filed I.A No. 23491/2024 and I.A. No.23492/2024, stating therein that the dispute between the parties has been resolved and they have entered into compromise with no intention to pursue the matter further.

3. In compliance of order dated 07.11.2024 passed by this Court, the 1 MCRC-47520-2024 NEUTRAL CITATION NO. 2024:MPHC-GWL:19714 factum of compromise has been verified by the Principal Registrar of this Court, who has recorded the statements of complainant/respondent No.2 as well as the petitioner - accused and has submitted the report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion.

4. In the cases of Jagdish Channa & others Vs. State of Haryana & another (AIR 2008 SC 1968), Madan Mohan Abbot Vs. State of Punjab (AIR 2008 SC 1969), Shiji Vs. Radhika & Another (2011) 10 SCC 705, a nd Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, Supreme Court has laid down that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the Court can be saved and utilised in other material cases.

5. In view of the above facts and circumstances and taking into account the law laid down by Hon'ble Apex Court, in the opinion of this court, continuance of the prosecution in such matters will be a futile exercise which will serve no purpose. Under such a situation, Section 482 Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the courts below.

6. Considering the fact that the respondent No.2 and petitioner - accused have amicably resolved the issue, this Court allows this MCRC with the following direction:-

1. FIR dated 16.06.2021 bearing Crime No.368/2021 registered at Police Station Gwalior, District Gwalior (M.P.) for the offences under Sections 307, 34 of IPC against the petitioner is hereby quashed only with 2 MCRC-47520-2024 NEUTRAL CITATION NO. 2024:MPHC-GWL:19714 NEUTRAL CITATION NO. 2024:MPHC-GWL:19714 MCRC-47520-2024 respect to present petitioner - Kavya Kinnar.

2. All the consequential proceedings flowing out of the said FIR also stand quashed.

7. It is made clear that the instant FIR is being quashed only keeping in view the facts and circumstances of the present case and this order cannot be taken as a precedent on the power of High Court to exercise its jurisdiction under Section 482 of Cr.P.C. to quash an FIR on the ground that the complainants and the accused persons have entered into a compromise.

8. Petition stands disposed of. No order as to cost.