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Judgment
Pankaj Purohit, J
By means of the present writ petition, petitioners have put to challenge the First Information Report No.0018 of 2025 dated 02.06.2025, under Section 316(2) of BNS, 2023, registered at Police Station Lohaghat, District Champawat on the ground that an amicable settlement has been taken between the parties.
Since the allegations in the FIR are of duping various shopkeepers and customers by the petitioner by taking away golden ornaments of those persons, as an abundant precaution, this Court has asked the learned State Counsel to get instructions in the matter regarding criminal antecedents of the petitioner in such similar cases and to ascertain as to whether any other person is there in the area affected by the act of the petitioner or not.
Today, learned State Counsel passed on instructions dated 20.06.2025 to the Court, which are taken on record. On instructions, he submits that this is a only case registered against the petitioner and no other person except the respondents herein were found cheated by the alleged criminal act of the petitioner.
Along with present criminal writ petition, a joint compounding application has also been filed by the parties, which is duly supported by separate affidavits of the parties.
In the compounding application, it has been stated that the entire prosecution version is nothing but an outcome of the misunderstanding among the petitioner and private respondents. However, now by efflux of time, complainant has understood the reality and now petitioner and respondent nos.3 to 6 are ready to settle the dispute amicably. It is further stated that now the private respondents do not want to prosecute the petitioner in the criminal proceedings.
Petitioner no.1-Shekh Sikandar @ SK Sekendar, respondent no.3-Ashish Verma, respondent no.4-Naresh Verma, respondent no.5-Naman Verma and respondent no.6-Himanshu Verma are present in the Court, duly identified by their respective counsel.
This Court interacted with the parties specifically respondent nos.3 to 6. Respondent nos.3 to 3 stated before the Court that they have no grievance against the petitioner; want to live peacefully and they do not want to pursue the aforesaid criminal case.
Per contra, Learned State Counsel raised a preliminary objection to the effect that the offence sought to be compounded is non-compoundable.
Since the parties have entered into compromise and are living peacefully, this Court is of the opinion that it will be a futile exercise to ask the petitioners to face the criminal prosecution which would ultimately result into the acquittal.
So far as compounding of non-compoundable offence is concerned, the Apex Court has dealt with the consequence of a compromise in this regard in the case of B.S. Joshi and others vs. State of Haryana and another, reported in (2003)4 SCC 675 and has held as below: -
“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.”
Thus, the High Court, in exercise of its inherent power can quash criminal proceedings or FIR or complaint, and Section 320 of Cr.P.C. does not limit or affect the powers of the Court. But here the Court is invoking its extraordinary jurisdiction under Article 226 of the Constitution of India which is far wider than 528 BNSS, 2023.
In this view of the matter, compounding application (IA/1/2025) is hereby allowed. The compromise arrived at between the parties is accepted. First Information Report No.0018 of 2025 dated 02. 06.2025, under Section 316(2) of BNS, 2023, registered at Police Station Lohaghat, District Champawat is hereby quashed. Consequently, all the subsequent proceedings pursuant to the impugned FIR automatically shall come to an end.
Present criminal writ petition stands allowed accordingly.
Pending application, if any, stands disposed off accordingly.