Criminal proceedings for serious, non-compoundable offences like culpable homicide not amounting to murder and Arms Act violations cannot be quashed by the High Court under Section 528 of the BNSS solely on the basis of a compromise between the accused and the victim's legal heirs.

ORDER

This present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred seeking quashment of the FIR giving rise to Crime No.184/2025, dated 06.04.2025, registered at Police Station Tejaji Nagar, District Indore (MP) for the commission of the offence punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023. Thereafter, a final report No.01/2026 was filed on 09.01.2026 for the offences punishable under Sections 105 and 238 of the Bharatiya Nyaya Sanhita, 2023, and Section 30 of the Arms Act, 1959. The petition also seeks quashment of the consequential proceedings pending in Regular Criminal Trial No.335 of 2026 before the Court of the learned Judicial Magistrate

Signature Not Verified

Signed by: AJIT

KAMALASANAN

Signing time: 04-08-2026

19:56:25

NEUTRAL CITATION NO. 2026:MPHC-IND:21524

2 MCRC-8946-2026 First Class, Indore (MP) against the applicants/accused persons.

2. The facts of the case lies in a narrow compass that one Madanlal Yadav, son of Bhagirath Yadav, a resident of Umri Kheda, Khandwa Road, Indore, (MP) was brought to M.Y. Hospital, Indore, at about 7:30 p.m. on 05.04.2025 who already succumbs to gunshot injuries. It was initially intimated to the hospital authorities that the deceased had sustained the gunshot injury while cleaning a gun. An enquiry conducted pursuant to unnatural death Case No.002/2025, registered at Police Station- Tejaji Nagar, District Indore (Urban), revealed that the cause of death was shock and haemorrhage resulting from a firearm injury to the thoracic region of the body. The enquiry further disclosed that, at about 8:30 p.m. on 05.04.2025, while the deceased was taking water near the pipeline in front of the gate of J.J. Farm, situated at J.J. Public School, Village Umri Kheda where the Madanlal and his wife were residing and falls within the territorial jurisdiction of Police Station- Tejaji Nagar, District Indore (MP). It was further disclosed that the incident occurred when the applicants were engaged in target practice shooting using a 0.32 bore pistol issued to applicant No.1, Vivek Singhal, under Arms Licence No.28/Indore/Home/2022 valid up to 09.05.2025. The C.C.T.V. footage collected during the investigation also revealed that the applicants were engaged in target practice shooting at the place of occurrence. The investigation further revealed that the bullet which caused the death of Madanlal Yadav was allegedly fired from the point where the applicants were carrying out target practice and travelled to the place marked as Point

Signature Not Verified

Signed by: AJIT

KAMALASANAN

Signing time: 04-08-2026

19:56:25

NEUTRAL CITATION NO. 2026:MPHC-IND:21524

3 MCRC-8946-2026 'F' in the spot map prepared on 05.04.2025 flying from the boundary wall of four feet and piercing the grill of plastic sheet before striking the deceased. It is further alleged that when the wife of the deceased questioned the applicants as to why they had shot her husband then applicant No.1, Vivek Singhal took the injured Madanlala Yadav in his car to M.Y. Hospital, Indore and informed the hospital authorities that the deceased had sustained the gunshot injury while cleaning a gun. Leela Bai, wife of the deceased immediately objected to the said version and stated that the information given by Vivek Singhal is false. Thereafter, Vivek left the hospital. During the course of investigation, a rifle was also seized from the room of applicant

No.1, Vivek Singhal, at about 4:25 p.m. on 11.04.2025.

3. The present petition has been preferred primarily on the ground that the FIR and the material collected during the investigation, even if accepted in their entirety, do not prima facie disclose the commission of the offence alleged against the applicants. It is contended