APL/2695/2026 of CHANDRASHEKHAR S/O ARUN KAWARE, Vs STATE OF MAHARASHTRA, AND ANR. on 5 November 2026

ORAL JUDGMENT:

1. Heard. ADMIT. Taken up for final disposal forthwith by the consent of the learned counsel appearing for the parties. 2026:BHC-NAG:15193

2. This application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeks quashing of First Information Report (FIR) No. 554/2026 dated 24.10.2026 registered with Police Station, Ajni, Nagpur for the offences punishable under Sections 296, 352, 351(2), 126(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (BNS).

3. The case of the prosecution, in brief, is as under :

i] On 23.10.2026, when the complainant/non-applicant no.2 and her friend were sleeping in the house, they heard some noise from outside the ground-floor window. Upon coming into the gallery of the house, they saw that the applicant and one unknown person were forcefully hitting the window. They asked the applicant and the other person not to do so. At that time, the applicant asked the complainant to come downstairs. In the meantime, two other friends of the complainant also arrived there from outside. However, the applicant and the other person restrained them from entering the house. The applicant then told the complainant that he would not allow her friends to enter the house unless she came outside. When the complainant informed the applicant that she would call the police, the applicant abused her in filthy language and threatened to kill the complainant and her friends. Upon arrival of the police at the spot, the applicant and the other person fled from there. On the basis of the said report, the FIR came to be registered against the applicant and one unknown person.

4. Heard Mr. G. G. Sahu, learned counsel appearing for the applicant, Mrs. D. I. Charlewar, learned Additional Public Prosecutor appearing for non-applicant no.1/State and Ms. Gazala Sheikh, learned counsel appearing for non-applicant no.2.

5. The complainant and the victim girls who were restrained by the applicant from entering the house have appeared through their counsel. They have filed separate affidavits dated 04.11.2026 on record stating therein that the matter has been amicably settled between themselves and the applicant. It is stated in the affidavit that the FIR was lodged due to some differences and misunderstanding. It is further stated that they do not want to prosecute the applicant and they have no objection if the FIR in question is quashed and set aside. It is also stated that the settlement has been arrived at voluntarily and out of their own free will, without force, threat, coercion, undue influence or pressure.

6. The complainant and the victim girls are personally present before the Court today. They are duly identified by their counsel. They reiterated the facts stated in the affidavits. All of them stated in their respective affidavits that they do not want to continue with the criminal prosecution against the applicant and they have no objection if the FIR in question is quashed and set aside against the applicant.

7. Certain offences registered against the applicant are non-compoundable in nature. With regard to compoundability of the 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 paras 29.1, 29.2, 29.4 and 29.5 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.

29.4. On 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.

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.

8. A useful reference can also be made to the decision in the case of Naushey Ali v. State of Uttar Pradesh, reported at (2025) 4 SCC 78, wherein at paragraph 32, the Supreme Court has observed that proceeding with the trial, when the parties have amicably resolved the dispute, would be futile. To secure the ends of justice, the settlement must be given effect to by quashing the proceedings. Continuation of the proceedings would be a grave abuse of the process of Court, particularly when the dispute is settled and resolved.

9. In the present case, the dispute is private in nature. The dispute amongst the parties has been amicably settled to maintain harmony in relation and the complainant does not want to prosecute the applicant. The offence is not a heinous one and it also does not involve any issue affecting the society at large. In these circumstances, continuation of the criminal prosecution would be nothing but an abuse of the process of law. 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, the following order :

ORDER

1. The Criminal Application is allowed.

2. First Information Report No. 554/2026 dated 24.10.2026 registered with Police Station, Ajni, Nagpur for the offences punishable under Sections 296, 352, 351(2), 126(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is quashed and set aside, qua the applicant, subject to the applicant depositing a total cost of Rs.5,000/- (Rupees Five 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.

3. The application stands disposed of in the above terms. (M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: Senior Pvt. Secretary Date: 06/11/2026 13:16:45