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Judgment
Heard. ADMIT. Taken up for final disposal forthwith by consent of the learned counsel appearing for the respective parties.
Mr. M. J. Khan, learned Additional Public Prosecutor waives service of notice on behalf of non-applicant no.1.
Mr. J. B. Gandhi, learned counsel waives service of notice on behalf of non-applicant no.2/complainant.
By this application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicants seek quashing of First Information Report (FIR) bearing No. 415/2025 dated 19.06.2025 registered with Police Station, Gondia Rural, Dist. Gondia for the offence punishable under Sections 318(4), 316(2), 316(4), 3(5), 336, 340 and 344 of the Bharatiya Nyaya Sanhita, 2023 (BNS) as well as Charge-sheet No. 204/2025 and consequent proceedings, on the ground of settlement between the parties.
The case of the prosecution, in brief, is as under :
i] Applicant no.1 was working with the complainant/non-applicant no.2 as Accountant. While working, applicant no.1 used to transfer money from the account of the complainant to the accounts of her friends and also give them certain articles from the complainant’s office. With passing time, an amount to the tune of Rs.1,58,91,238/- was transferred by her. When the complainant came to know about the misappropriation, he lodged report against applicant no.1 with the concerned police station. During investigation, involvement of applicant nos.2 and 3 was revealed in the alleged misappropriation. Therefore, after completion of the investigation, charge-sheet came to be filed against the applicants.
Heard Mr. Nikhil Tekade, learned counsel appearing for the applicants, Mr. M. J. Khan, learned Additional Public Prosecutor appearing for non-applicant no.1/State and Mr. J. B. Gandhi, learned counsel appearing for non-applicant no.2/ complainant. Though, the notice is yet to be issued to the non-applicants, non-applicant no.2/complainant suo-motu appears in person through his counsel.
The complainant has already filed an affidavit-in-reply contending that registration of the FIR against the applicants was due to the differences amongst them out of their business transactions and now the differences are settled amicably out of the Court. It is further stated that the complainant does not want to continue with the criminal prosecution against the applicants and he has no objection if the FIR and charge-sheet against the applicants is quashed. It is also stated in the affidavit that the applicants and the complainant have executed a Settlement Deed duly signed by themselves and the complainant will receive the part amount and the articles, which are included in the offence by the orders of the Court.
The complainant is present in-person before the Court today. He is duly identified by his counsel. On an inquiry with the complainant, he has reiterated the facts stated in the affidavit.
Learned APP for the State raised an objection to the settlement arrived between the parties on the ground that the offences registered against the applicants are non-compoundable in nature. Hence, the parties cannot settle the dispute amongst themselves.
With regards to the compoundability of offence, the Supreme Court in the case of Narinder Singh and others Vs. State of Punjab and another, reported in (2014) 6 SCC 466 has observed in para 29.4 as under :
“ On the other, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.
The dispute is of a private nature between the employee and employer. It also does not involve any issue affecting the society at large. It appears that part of the amount has been received by the complainant and part of the amount is deposited before the Court. The dispute is purely private in nature and the complainant and the applicants in order to maintain harmony in their relation have settled the dispute out of the Court. Though, some of the offences are non-compoundable, considering the fact that the matter has been settled between the parties out of the Court, continuation of the criminal proceedings would serve no fruitful purpose. Therefore, a case is made out for exercising inherent powers of the Court under Section 528 of the BNSS (old Sec.482 of Cr.P.C.) to secure the ends of justice and to prevent abuse of the process of the Court. Hence, the following order :
ORDER
The Criminal Application is allowed.
First Information Report (FIR) bearing No. 415/2025 dated 19.06.2025 registered with Police Station, Gondia Rural, Dist. Gondia for the offence punishable under Sections 318(4), 316(2), 316(4), 3(5), 336, 340 and 344 of the Bharatiya Nyaya Sanhita, 2023 (BNS) as well as Charge-sheet No. 204/2025 and consequent proceedings are quashed and set aside qua the applicants, subject to the applicants depositing costs of Rs.10,000/-(Rupees Ten thousand only) in the “Public Welfare Account” maintained with the Union Bank of India, High Court Branch, Nagpur, bearing Account No. 129712010001014 and IFSC Code UBIN0812978, within two weeks from today.
The application stands disposed of in the above terms.