Faizan vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:30381
1 MCRC-31544-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
th
ON THE 28 OF OCTOBER, 2026
MISC. CRIMINAL CASE No. 31544 of 2026
CNR No.: MPHC020259942026
FAIZAN AND ANR
Versus
THE STATE OF MADHYA PRADESH AND ANR
Appearance:
Shri Sudeel Yadav, learned counsel for the applicant.
Shri Surendra Pal Singh Alawa, learned counsel for the
respondent/State.
Ms. Neha Patel, learned counsel for the respondent/complainant.
ORDER
This petition under Section 528 of BNSS has been filed for quashment of
F.I.R. dated 04.07.2025 registered at Crime No.720/2025 at Police Station-
Chandan Nagar, District-Indore for the offence under Sections 305(a) and 331(3)
of BNS, 2023, on the basis of compromise arrived at between the parties.
2. It has been submitted by the learned counsel for the petitioner and the
respondent/complainant that both the parties have entered into a compromise
and the compromise petition has been duly verified by the concerned
Registrar. The concerned Registrar has submitted the report dated 14.10.2026
to the effect that both the parties have entered into a compromise with free
will, volition and without any threat, inducement and coercion. T
hey have
amicably settled their dispute. It is further submitted that though both the
Signature Not Verified
Signed by: NARENDRA
KUMAR RAIPURIA
Signing time: 29-Oct-26
06:07:50 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:30381
2 MCRC-31544-2026
Sections 305 (a) and 331(3) of BNS are non-compoundable offences,

however, in view of the dictums passed by Hon'ble Apex Court in the case of
Gian Singh Vs. State of Punjab and another [SLP (Crl.) No.8989/2010] and
by Rajasthan High Court in the case of Padmini Raneja Vs. State of
Rajasthan [Criminal Misc (Pet.) No.2216/2026], the compromise may be
allowed and F.I.R. at Crime No.720/2025 be quashed.
3. Learned counsel appearing on behalf of the complainant has expressed no
objection over the petition and compromise, and prays for quashment of F.I.R.
4. Per contra, learned counsel for the respondent/State has vehemently opposed
the prayer.
5. Heard learned counsel for the parties and perused the documents available on
record as well as verification report submitted by Principal Registrar of this
Court.
6 . The Hon'ble Supreme Court in the cases of Ramavtar Vs. State of M.P.
reported in 2021 SCC Online SC 966, Gian Singh Vs. State of Punjab, [(2012)10
SCC 303], and Narinder Singh & Ors. Vs. State of Punjab & Anr., [(2014) 6 SCC
466, Jagdish Channa & others Vs. State of Haryana & another (AIR 2008 SC
1968), Madan Mohan Abbot Vs. State of Punjab (AIR 2008 SC 1969), Shiji Vs.
Radhika & Another (2011) 10 SCC 705, laid down that even in non-
compoundable cases on the basis of compromise, criminal proceedings can be
quashed so that valuable time of the Court can be saved and utilized in other
material cases.
7. Hon'ble Apex Court in the case of Kapil Gupta Vs. State of NCT of Delhi &
Another passed in Criminal Appeal No.1217 of 2022 decided on 10.8.2022 in
which a criminal case under Section 376 IPC against the petitioner therein was
Signature Not Verified
Signed by: NARENDRA
KUMAR RAIPURIA
Signing time: 29-Oct-26
06:07:50 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:30381
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considered for quashment of FIR on the basis of compromise wherein the Hon'ble

Supreme Court while considering the dictum in the case of Narinder Singh
(supra) held in para 13 and 14 that if there is insufficient evidence and by virtue
of compromise there is no chance of conviction and the settlement between the
parties is going to result into harmony between them which may improve their
mutual relationship then at primary stage on such compromise, proceedings may
be quashed. Para 13 and 14 of Kapil Gupta (supra) are material and thus
reproduced for ready reference and convenience:
“13. It can thus be seen that this Court has clearly held that though the
Court should be slow in quashing the proceedings wherein heinous
and serious offences are involved, the High Court is not foreclosed
from examining as to whether there exists material for incorporation of
such an offence or as to whether there is sufficient evidence which if
proved would lead to proving the charge for the offence charged with.
The Court has also to take into consideration as to whether the
settlement between the parties is going to result into harmony between
them which may improve their mutual relationship.
14. The Court has further held that it is also relevant to consider as to
what is stage of the proceedings. It has been observed that if an
application is made at a belated stage wherein the evidence has been
led and the matter is at the stage of arguments or judgment, the Court
should be slow to exercise the power to quash the proceedings.
However, if such an application is made at an initial stage before
commencement of trial, the said factor will weigh with the court in
exercising its power.”
8. A three Judges’ Bench of Apex Court in the case of State of Madhya Pradesh
vs. Laxmi Narayan & Ors. reported in (2019) 5 SCC 688 has held as under:-
"(1) The power conferred under Section 482 of the Code to quash the
Signature Not Verified
Signed by: NARENDRA
KUMAR RAIPURIA
Signing time: 29-Oct-26
06:07:50 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:30381
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criminal proceedings for the non-compoundable offences under

Section 320 of the Code can be exercised having overwhelmingly and
predominantly the civil character, particularly those arising out of
commercial transactions or arising out of matrimonial relationship or
family disputes and when the parties have resolved the entire dispute
amongst themselves;
(2) Such power is not to be exercised in those prosecutions, which
involved 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;
(3) Similarly, such power is not to be exercised for the offences under
the special statutes 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.”
9 . Co-ordinate Bench of this Court in the case of Daulat Singh Gurjar and
Others Vs. The State of Madhya Pradesh and Others vide order dated 08.11.2024
and Makhan Singh Gurjar and Others Vs. Madhya Pradesh Shasan and Others
vide order dated 12.12.2024, quashed the F.I.R. in the cases of comprise between
the party wherein no injury was caused to any person.
10. On testing the attending facts and circumstances of this case on the anvil of
the dictum laid down in aforesaid cases and taking into consideration that parties
have settled their disputes by way of compromise and the crime in question is
between the parties, who now have resumed their good relations, in these
circumstances, to save valuable time of the Court and in the interest of justice, it
appears to be a fit case to exercise the power under Section 528 of BNSS because
letting the dispute hang on, there are chances that relationship between the parties
may disrupt again, moreover there is remote and bleak possibility of conviction in
this case keeping in view the compromise took place between the parties. The
Signature Not Verified
Signed by: NARENDRA
KUMAR RAIPURIA
Signing time: 29-Oct-26
06:07:50 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:30381
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settlement between the parties is going to result in harmony between them which

may improve their future relationship.
11. Resultantly, this Court allows this petition by quashing the F.I.R. dated
04.07.2025 registered at Crime No.720/2025 at Police Station-Chandan Nagar,
District-Indore for the offence under Sections 305(a) and 331(3) of BNS,
2023 and all consequential proceedings arising out of it, on the basis of
compromise, so far as it relates to the petitioner.
12. This petition stands disposed of in above terms.
(RAJENDRA KUMAR VANI)
JUDGE
N.R.

Signature Not Verified
Signed by: NARENDRA
KUMAR RAIPURIA
Signing time: 29-Oct-26
06:07:50 PM