Criminal proceedings can be quashed by the High Court if the parties have amicably settled their dispute, even if some of the alleged offences are non-compoundable, following the precedents set by the Supreme Court.

Order

1. The instant misc. petition under Section 528 of BNSS has been filed by the petitioner for quashing of criminal proceedings in Case No.173/2020 pending before learned Senior Civil Judge and Additional Chief Judicial Magistrate No.3, Bharatpur arising out of FIR No.859/2018 registered at Police Station Mathuragate, District Bharatpur for offences punishable under Sections 420, 406 & 120B of IPC.

2. After registration of the aforesaid FIR, the police conducted investigation in the matter and submitted charge-sheet before the concerned court for offences punishable under Sections 406, 420 & 120B of IPC against the petitioners.

3. Learned counsel for the petitioners submit that parties have entered into a compromise. During trial, both the parties filed an application for compounding of the offences under Sections 406, 420 & 120B of IPC in terms of compromise. It is submitted that the trial Court vide order dated 13.11.2025 partly allowed the said application while permitting and attesting the compromise only to the extent of offences under Sections 420 & 406 IPC but refused to compound the offence under Section 120B IPC, as the same is not compoundable.

4. In these circumstances, petitioners have approached this Court by way of this petition to quash the aforesaid criminal proceedings pending before the trial Court on the ground that the parties have resolved their dispute amicably.

5. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering the fact that petitioner and complainant have arrived at compromise and settled their dispute amicably and in the view of the law laid down by the Hon’ble Apex court in the case of Gian Singh Vs. State of Punjab & Anr- reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the impugned criminal proceedings arising out of aforesaid FIR are liable to be quashed in view of compromise arrived at between the parties although the offence punishable under Section 120B of IPC alleged to be made out in the instant case is not compoundable.

6. In view of the above, this criminal misc. petition is allowed and the criminal proceedings in Case No.173/2020 pending against the petitioner before learned Senior Civil Judge and Additional Chief Judicial Magistrate No.3, Bharatpur arising out of FIR No.859/2018 registered at Police Station Mathuragate, District Bharatpur for offences punishable under Sections 420, 406 & 120B of IPC are quashed and set aside. Consequence to follow.

7. Stay Application as well as pending application(s), if any, also stands disposed of.