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Judgment
Heard.
Admit. Heard finally by consent of the learned counsels for the parties.
The applicant seeks quashing of First Information Report (FIR) No.213/2026 registered with Police Station Nandgaon Peth, Dist. Amravati for the offences punishable under Sections 336(2), 336(3), 340(2), 318(2) and 318(4) of the Bharatiya Nayaya Sanhita, 2023 (BNS).
The brief facts of the case, as per the FIR, are as under:-
That on 06.06.2026, the complainant/non-applicant no. 2 lodged a complaint against the applicant alleging that he received a call from the Economic Offence Wing and he was informed that the applicant has filed a complaint against him regarding property fraud. Later on, he came to know that the applicant has also instituted a Civil Suit against him. On enquiry, the complainant came to know that, the applicant executed a fake General Power of Attorney and a forged agreement to sale on 07.07.2024, put a forged signature of non-applicant no.2 on it. Hence, on the complainant lodged by the complainant, the aforesaid offence came to be registered against the applicant.
The present application for quashing the FIR is filed on the ground of settlement between the parties. The complainant filed a affidavit dated 29.07.2026. In the affidavit, the complainant has contended that the matter between the applicant and the complainant is settled before the Civil Judge Senior Division, Amravati and therefore, he requested to quash the FIR against the applicant. The complainant is personally present in the Court and is duly identified by his counsel. On enquiry, he reiterated the contents of the affidavit and stated that he has no objection if the FIR is quashed against the applicant.
A reference can be made to the case of Narinder Singh and others Vs. State of Punjab and another [(2014) 6 SCC 466], wherein it has been observed in para no. 29 as under:-
“29.1.Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.
29.2.When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i)ends of justice, or
(ii)to prevent abuse of the process of any Court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
29.3.Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.
29.4.On the other, those criminal cases having overwhelmingly and predominantly 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.
29.5.While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.”
Since, the dispute appears to be arising out of a property transaction tainted by fraud and misrepresentation. Rather, a civil suit was also filed against the complainant, the dispute appears to be private in nature. The alleged offences are not of a heinous nature. Since, the parties have settled their dispute amicably hence, continuance of proceedings will be nothing but an abuse of process of law and judicial time as chances of conviction of the applicant are bleak and rare. Hence, a case is made out for exercising the inherent powers of the Court to quash the FIR and the consequent proceedings against the applicant. Hence, the following order:-
The application is allowed.
ii) FIR No.213/2026 registered with Police Station Nandgaon Peth, Dist. Amravati for the offences punishable under Sections 336(2), 336(3), 340(2), 318(2) and 318(4) of the BNS is hereby quashed against the applicant subject to deposit of costs of Rs.5000/- (Rs. Five Thousand) in “Public Welfare Fund” with Union Bank of India, High Court Branch, Nagpur having account no. 129712010001014 and IFSC Code UBIN0812978 by the applicant.