Court can utilize inherent powers under Section 482 CrPC to quash non-compoundable offences when a compromise is reached, preventing abuse of the legal process.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH th ON THE 14 OF JULY, 2025 MISC. CRIMINAL CASE No. 15696 of 2025 BHUPENDRA SINGH TOMAR AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Dinesh Singh Tomar - Advocate for the petitioners.

Shri Padamshri Agrawal - P.P. for the respondent No. 1/State. Ms. Monika Goyal, learned counsel for the respondent [R-2].

ORDER This petition has been filed, under section 528 of the BNS S seeking quashment of FIR registered at Crime No.169/2025 at Police Station Maharajpura, District Gwalior for the offences punishable under sections 296, 115 (2), 351 (2), 3(5) added section 118 (1) of BNS , on the basis of compromise stating that the dispute between the parties has been resolved and they are not inclined to pursue the matter any more.

2. The counsel for the applicants submits that during pendency of the present petition, good sense prevailed over the parties and the applicants and respondent No. 2 have arrived at an amicable settlement and therefore, in view of the compromise entered into between the parties, the aforesaid proceedings be quashed. I.A. No. 7821 of 2025 has been filed in this regard.

Signature Not Verified Signed by: SANJAY

3 . The counsel for the State has opposed the application for compounding the offences and submitted that except Sections 115 (2) & 351 (2) of the BNS , remaining offences are non-compoundable, therefore, the permission to compound the offences cannot be granted.

4. In terms of the order passed by this Court on 09.04.2025, the parties appeared before the Principal Registrar on 15.04.2025 for verification of their compromise where their statements have been recorded and the Principal Registrar vide his report dated 15.04.2025 has verified the compromise entered into between the parties. It is mentioned in the report that the complainant appeared before Principal Registrar and expressed that he has voluntarily entered into compromise with the applicants on his own free will and volition, without any threat and inducement to settle the dispute.

5. The Apex Court in the case of Shiji v. Radhika , (2011) 10 SCC

705 has observed in paragraphs 17 and 18 observed as under:-

"17. It is manifest that simply because an offence is not compoundable under Section 320 CrPC is by itself no reason for the High Court to refuse exercise of its power under Section 482 CrPC . That power can in our opinion be exercised in cases where there is no chance of recording a conviction against the accused and the entire exercise of a trial is destined to be an exercise in futility. There is a subtle distinction between compounding of offences by the parties before the trial Signature Not Verified Signed by: SANJAY court or in appeal on the one hand and the exercise of power by the High Court to quash the prosecution under Section 482 CrPC on the other. While a court trying an accused or hearing an appeal against conviction, may not be competent to permit compounding of an offence based on a settlement arrived at between the parties in cases where the offences are not compoundable under Section 320, the High Court may quash the prosecution even in cases where the offences with which the accused stand charged are non-compoundable. The inherent powers of the High Court under Section 482 CrPC are not for that purpose controlled by Section 320 CrPC .

18. Having said so, we must hasten to add that the plenitude of the power under Section 482 CrPC by itself, makes it obligatory for the High Court to exercise the same with utmost care and caution. The width and the nature of the power itself demands that its exercise is sparing and only in cases where the High Court is, for reasons to be recorded, of the clear view that continuance of the prosecution would be nothing but an abuse of the process of law. It is neither necessary nor proper for us to enumerate the situations in