High Courts should not exercise inherent powers to quash criminal proceedings involving non-compoundable offences like forgery and fraud where societal interests are at stake, even if the parties have reached an amicable private settlement, to avoid undermining the integrity of public records and institutional systems.

ORDER

This petition under Section 528 of BNSS, 2023 has been filed by the petitioners seeking quashment of FIR pertaining to Crime No. 267/2023 registered by P.S. Nalkheda, Distt. Agar Malwa for offences punishable under Sections 420, 467, 468, 471, 120-B, 294 and 506 of IPC with all consequential proceedings thereto, on the basis of compromise arrived at between the parties.

2. The exposition of the facts, giving rise to the present petition, is as under:

Complainant – Shabnam Khan W/o Aijaz Khan submitted written complaint to the P.S. Nalkheda interalia stating that Kalim Shekh, Naushad Patel - (petitioner), Gulrez Khan have committed cheating by executing forged sale deed of a plot. Gulrej in connivance with Kalim Sheikh, Naushad Patel and Abdul Basit sold the land bearing Survey No. 221/1/2(actual survey no. 221/1 admeasuring 0.09 hectares) to the complainant – Shabnam Khan w/o Aijaz Khan for a consideration of Rs 1.50 Crore out of which, Rs. 54,00,000/- was given in the form of PDC cheques and Rs. 96,00,000/- was given in cash on different dates. When complainant went to the office of Revenue Inspector(Patwari) for mutation, she came to know that the plot in dispute was registered in the name of Babu Khan, a resident of Nalkheda. The complainant demanded her money back. Rs. 15 lakhs were deposited in her account and Rs. 96 lakhs are yet to be received.

During investigation, it was found that land bearing Survey No. 221/1/2 was registered in the name of Babu Khan S/o Peer Khan resident of Nalkheda in the revenue records. It was mutated in the name Noor Jahan and Sadema Khan, legal heirs of Yunus Khan alias Babu Khan by submitting forged death certificate of Babu Khan. Thereafter, two different sale deeds were executed of the same land bearing Survey No. 221/1/2 on 16.02.2022 and 25.02.2022. One sale deed was executed in the name - Naushad Patel, Abdul Basit and the other one was executed in the name - Gulrez and the land was accordingly mutated in their names. It was further revealed that Babu Khan S/o Peer Khan is in possession of land bearing Survey no. 221/1/2 and had constructed a house on the said land which exists till date. When original owner i.e. Babu Khan came to know about the said illegal mutation, he submitted complaint to the Tehsildar on 01.12.2022. The Tehsildar, Nalkheda after enquiry set-aside the mutation order dated 11.01.2022 in favour of Noor Jahan and Sadema Khan and all subsequent mutation orders. The name of Babu Khan S/o Peer Khan was restored in revenue records.

Accordingly, P.S. Nalkheda registered FIR for offence punishable u/Ss 420, 467, 468, 471, 120-B, 294 and 506 of IPC. The investigation is underway.

3. Learned counsel for the petitioners in addition to the grounds mentioned in the petition submits that the accusation against the petitioners is false and the dispute involved predominantly had overtures of civil dispute, which is given color of criminal prosecution, so as to create undue pressure on the petitioners. Learned counsel referring to the joint application i.e. I.A. No. 12324/2025 filed u/S 359(2) of BNSS, 2023 submits that matter has amicably settled between the petitioners and the complainant/respondent no.2. The factum of compromise has duly been verified by the Principal Registrar on 15.09.2025 in compliance with the order passed by this Court on 09.09.2025. Therefore, the impugned FIR deserves to be quashed.

4. Learned counsel for the petitioners referring to the judgments passed in the case of Naushey Ali and Others Vs. State of Uttar Pradesh and Another reported in (2025) SCC (Cri) 228 contends that