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Judgment
Heard.
Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsels for the parties.
The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is filed by the applicant for quashing First Information Report (FIR) No. 29/2013 registered with Police Station Jaripatka, Nagpur for the offence punishable under Sections 420, 404, 419, 465, 467, 468, 471 and 34 of the Indian Penal Code, 1860 (IPC) and consequent Charge-sheet No.278/2016 and RCC No.2316/2016 pending on the file of the Judicial Magistrate First Class (JMFC), Court No.5, Nagpur on the ground of amicable settlement.
The brief facts of the case, as per the FIR, are as under:-
Vivian Sabastian, the brother-in-law of the complainant/non-applicant no.2 was the owner of a plot bearing no.112 at Christian Colony, Mecosabagh, Nagpur. Vivian died on 30.10.2008. After his death, name of Natasha Kampani, the wife of the complainant, came to be registered in the records of rights. In order to take care of daily wear and tear decisions of the said plot, a general Power-of-Attorney (PoA) was executed by Natasha in favour of one Ratan Naval Masih. Thereafter, with an intention to deceitfully obtain the ownership of the said plot, the applicant along with Ratan filed an affidavit dated 31.08.2010 signed by the deceased- Vivian. Therefore, on the complaint lodged by the complainant, the aforesaid offences came to be registered against the applicant.
Heard the learned counsel for the applicant, the learned APP for the State and learned counsel for non-applicant no.2. I have gone through the record.
It is contended that the applicant and the complainant have settled their dispute out of the Court and the complainant does not want to prosecute the applicant and has no objection if the FIR is quashed. The affidavit dated 07.05.2026 filed by the complainant is tendered across the bar which is marked as “X” for identification. In the affidavit, the complainant contended that the matter has been amicably settled between him, his wife on one end and the applicant on the other end. He does not want to prosecute the applicant and has no objection if the FIR along with the subsequent proceedings are quashed against the applicant.
The complainant is personally present in the Court and is duly identified by his counsel and his wife also appeared through Video Conferencing. On enquiry, the complainant reiterated the contents of the affidavit. The wife of the complainant also reiterated the same fact which the complainant has stated on oath in the affidavit that the matter has been settled amicably between the parties out of Court. The dispute appears to be of private nature, wherein both the parties have settled it amicably out of the Court. The parties have settled their dispute to avoid any further complication and to maintain a cordial relationship amongst themselves.
A reference can be made to the decision in the case of Narinder Singh and others Vs. State of Punjab and another [(2014) 6 SCC 466], wherein has been observed in para no. 29.4 as under:-
“29.4On the other hand, 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.”
In the present case, the dispute is of a private nature and not a heinous one. It also does not involve any issue affecting the society at large. Thus, in view of the fact that the applicant and the complainant have amicably resolved their dispute, the possibility of the prosecution culminating to conviction appears to be remote. In these circumstances, continuation of the criminal proceedings would serve no fruitful purpose. Therefore, in my view, this is a fit case for the exercise of inherent powers under Section 528 of the BNSS to secure the ends of justice and to prevent abuse of the process of the Court. Hence, I proceed to pass the following order:-
The application is allowed.
ii) FIR No. 29/2013 registered with Police Station Jaripatka, Nagpur for the offences punishable under Sections 420, 404, 419, 465, 467, 468, 471 and 34 of the IPC and consequent Charge-sheet No.278/2016 and RCC No.2316/2016 pending on the file of the JMFC Court No.5, Nagpur are hereby quashed qua the applicant subject to deposit of costs of Rs.10,000/- (Rs. Ten Thousand only) with the District Bar Association, Gondia bearing Saving Account No. 0182000100041568, IFSC Code: PUNB0018200 at Punjab National Bank, Branch-Gondia.
iii) Rule is made absolute in the above terms.