Case Note & Summary
The petitioners filed a Criminal Original Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of FIR in Crime No.438 of 2023 registered at Tirunelveli Taluk Police Station. The FIR was lodged by the second respondent (de-facto complainant) alleging that on 24.12.2023 at around 2:00 a.m., the petitioners went to his house demanding repayment of a loan. When refused, they allegedly abused him, pushed him causing strangulation of his neck, and threatened him with a knife. The FIR was registered for offences under Sections 448 (criminal trespass), 294(b) (obscene acts), 352 (assault), and 506(2) (criminal intimidation) of the Indian Penal Code, 1860 (IPC). During the pendency of the petition, the parties amicably settled the dispute and filed a Joint Memo of Compromise dated 15.11.2024. The petitioners and the second respondent appeared in person and were identified by the police and their counsel. The Court verified the compromise and found it to be genuine. The Court noted that the dispute was personal in nature and that the parties had compromised. Relying on the Supreme Court judgments in Gian Singh v. State of Punjab (2012) 10 SCC 303 and Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, the Court held that no useful purpose would be served by continuing the proceedings. Accordingly, the Court quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure - Quashing of FIR - Compromise in Personal Dispute - Sections 448, 294(b), 352, 506(2) IPC read with Section 528 BNSS - The petitioners sought quashing of FIR registered for offences including criminal trespass, obscene acts, assault, and criminal intimidation. The parties entered into a compromise and filed a joint memo. The Court, relying on Gian Singh v. State of Punjab and Parbatbhai Aahir v. State of Gujarat, held that where the dispute is personal and the parties have settled, the High Court can quash proceedings even for non-compoundable offences to secure the ends of justice. The FIR was quashed. (Paras 4-8)
Issue of Consideration
Whether the FIR can be quashed on the basis of a compromise between the parties in a personal dispute involving non-compoundable offences.
Final Decision
The FIR in Crime No.438 of 2023 on the file of the first respondent police and all consequential proceedings are quashed.
Law Points
- Compromise in personal disputes
- Quashing of FIR
- Inherent powers of High Court
- Section 528 BNSS
- Sections 448
- 294(b)
- 352
- 506(2) IPC
