MP HC Quashes Sale-Deed Forgery Case Between Relatives After Voluntary Settlement

In brief

The question

1. Whether criminal proceedings for non-compoundable offences may be quashed under Section 528 of the BNSS, 2023, on the basis of an amicable settlement.

The court held

The Court answered the issues in favour of quashing.

It also directed

It allowed the compromise application and the petition, quashed the cognizance order dated 27 May 2026 and the consequential proceedings in RCT No. 5390/2026 against the petitioner, and directed that further proceedings arising from the complaint, qua the petitioner, stand terminated.

The order was expressly confined to the criminal proceedings and did not determine the parties’ independent civil rights or title to the property.

01Facts

The petitioner sought to quash the JMFC, Jabalpur’s order dated 27 May 2026 taking cognizance of offences under Sections 420, 406, 467, 468 and 471 read with Section 34 of the IPC in a private complaint registered as RCT No. 5390/2026.

¶ 1

The dispute arose between close relatives concerning a sale deed dated 24 January 2019.

¶ 3

During the petition, the parties reached a settlement and jointly sought quashing. The complainant’s statement was recorded before the Registrar (J-II); the complainant confirmed the settlement was voluntary and expressed no wish to pursue the complaint.

¶ 2–3, 6

02Issues

i.1. Whether criminal proceedings for non-compoundable offences may be quashed under Section 528 of the BNSS, 2023, on the basis of an amicable settlement.

¶ 7

ii.2. Whether, in the circumstances of this case, continuation of the proceedings would amount to an abuse of process or otherwise fail to serve the ends of justice.

¶ 13–17

03Law Applied

Section 528 of the BNSS, 2023, corresponding to Section 482 of the CrPC, preserves the High Court’s inherent power to quash proceedings to secure the ends of justice or prevent abuse of process; that power is distinct from statutory compounding under Section 320 of the CrPC.

¶ 9

Under Gian Singh v. State of Punjab, (2012) 10 SCC 303, predominantly private or civil disputes may be quashed following settlement.

¶ 10

State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, requires consideration of the offence’s nature and gravity, societal impact, accused’s antecedents and whether the dispute is private; serious offences ordinarily should not be quashed merely because of compromise.

¶ 10

Ramgopal v. State of Madhya Pradesh, (2021) 6 SCC 303, and Ramawatar v. State of Madhya Pradesh, (2022) 13 SCC 635, recognise that non-heinous or predominantly private offences may be quashed after considering the offence’s societal effect, the injury, and the voluntary nature of the settlement.

¶ 11–12

Provisions in the judgment · 9 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Code of Criminal Procedure, 1973 Section 482 Section 320

Indian Penal Code, 1860 Section 420 Section 406 Section 467 Section 468 Section 471 Section 34

04Reasoning

The Court acknowledged that the allegations included forgery-related offences under Sections 467, 468 and 471 IPC, which are serious and cannot ordinarily be quashed solely on the basis of a private settlement.

¶ 13

It nevertheless considered the allegations and context cumulatively: the dispute concerned a particular sale deed between close relatives, appeared confined to the parties, and involved no indicated wider public impact or public funds or property.

¶ 13–14

The complainant had personally confirmed the voluntary settlement, with no evidence of coercion or undue influence; in these circumstances, further prosecution would serve no fruitful purpose.

¶ 15–17