Case Note & Summary
The present Criminal Original Petition was filed by the petitioners-accused under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the First Information Report in Crime No.715 of 2023 registered against them by the first respondent police for offences under Sections 341, 294(b), 323, 506(i) and 379 of the Indian Penal Code, 1860. The FIR was dated 24.12.2023. The second respondent was the defacto-complainant. During the pendency of the petition, the parties entered into an amicable settlement and executed a compromise memo dated 15.03.2024, which was filed before the court. When the matter came up for hearing, the learned counsel on both sides represented that the matter had been settled and the defacto-complainant and all the accused were present before the court. Upon enquiry by the court, the defacto-complainant confirmed the terms of the compromise and expressed no objection to the quashing of the FIR. The court perused the terms of the compromise memo. The legal issue was whether the FIR could be quashed on the basis of a compromise between the parties. The court, considering the nature of the offences and the fact that the parties had voluntarily settled their dispute, found it appropriate to allow the petition. Recording the compromise memo, the court quashed the FIR and directed that the compromise memo shall form part of the order. The decision primarily favoured the accused as the FIR was quashed. The judgment underscores the principle that where parties have amicably resolved their disputes and the complainant is willing to compound the matter, the High Court in exercise of its inherent powers under Section 528 of BNSS can quash criminal proceedings to secure the ends of justice, even if the offences are not compoundable under the Code, provided the nature of the offences does not involve serious public policy concerns.
Headnote
A) Criminal Procedure - Quashing of FIR - Compromise Between Parties - Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 - The petitioners sought quashing of FIR registered under various sections of IPC. During pendency, an amicable settlement was reached and a compromise memo filed. The court, after perusing the terms and considering the nature of offences, allowed the petition and quashed the FIR. Held that it is appropriate to quash the FIR when parties have compromised and the defacto-complainant has no objection. (Paras 2-6)
Issue of Consideration
Whether the FIR in Crime No.715 of 2023 can be quashed in view of the compromise between the parties?
Final Decision
The petition is allowed. The FIR in Crime No.715 of 2023 dated 24.12.2023 on the file of the first respondent police is quashed. The compromise memo dated 15.03.2024 shall form part of the order.
Law Points
- Quashing of FIR based on amicable settlement
- exercise of powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita
- 2023
- compromise of non-compoundable offences in the interest of justice
