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NEUTRAL CITATION NO. 2026:MPHC-GWL:4680

1 MCRC-4012-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 5 OF FEBRUARY, 2026

MISC. CRIMINAL CASE No. 4012 of 2026

RAMKUMAR KATARE (SHARMA) ALIAS BHURE

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Anand Purohit - Advocate for the petitioner.

Ms. Kalpana Parmar - Public Prosecutor for the State.

Shri Hari Krishan Singh Chauhan - Advocate for the complainant.

ORDER

By invoking inherent powers of this Court, the present petition has

been preferred by petitioners under Section 528 of BNSS/482 of Cr.P.C.

seeking quashment of FIR bearing Crime No.636 of 2025 registered at Police

Station Dehat District Bhind for the offence punishable under Sections 420

and 406 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. Nos.1716 of

2026 and 1717 of 2026 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 27.01.2026 passed by this Court, the

factum of compromise has been verified by the Principal Registrar of this

Signature Not Verified

Signed by: PAWAN KUMAR

Signing time: 2/5/2026

6:29:00 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4680

2 MCRC-4012-2026

Court, who has recorded the statements of respondents No.2 as well as

petitioners and has submitted the report that the parties have arrived at

compromise voluntarily without any threat, inducement and coercion.

4. In view of the above, it would be apposite to survey the law in

respect of compounding in non-compoundable case, the Apex Court in the

case of K. Bharthi Devi and Another v. State of Telangana and Another,

reported in (2024) 10 SCC 384 has held as under:

"33. It could thus be seen that the learned three- Judge

Bench of this Court in Gian Singh v. State of Punjab, (2012)

10 SCC 303 held that B.S. Joshi v. State of Haryana, (2003)

4 SCC 675, Nikhil Merchant v. CBI, (2008) 9 SCC 677 and

Manoj Sharma vs. State, (2008) 16 SCC 1 were correctly

decided.

34. It has been held that there are certain offences

which overwhelmingly and predominantly bear civil flavour

having arisen out of civil, mercantile, commercial, financial,

partnership or such like transactions or the offences arising

out of matrimony, particularly relating to dowry, etc. or a

family dispute, where the wrong is basically to the victim and

the offender and the victim have settled all disputes between

them amicably, the High Court would be justified in

quashing the criminal proceedings, even if the offences have

not been made compoundable."

5. The Apex Court in the case of Gian Singh Vs. State of Punjab and

Signature Not Verified

Signed by: PAWAN KUMAR

Signing time: 2/5/2026

6:29:00 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4680

3 MCRC-4012-2026

Anr. reported in (2012) 10 SCC 303 after considering the the provisions of

Section 320 and 482 of the Cr.P.C held that the compounding can he

permitted in a non- compoundable offence. Relevant part of the order of the

order reads as under :-

"Quashing of offence or criminal proceedings on the

ground of settlement between an offender and victim is not

the same thing as compounding of offence. They are

different and not interchangeable. Strictly speaking, the

power of compounding of offences given to a court under

Section 320 is materially different from the quashing of

criminal proceedings by the High Court in exercise of its

inherent jurisdiction. In compounding of offences, power of a

criminal court is circumscribed by the provisions contained

in Section 320 and the court is guided solely and squarely

thereby while, on the other hand, the formation of opinion by

the High Court for quashing a criminal offence or criminal

proceeding or criminal complaint is guided by the material

on record as to whether the ends of justice would justify such

exercise of power although the ultimate cons