Quashing of FIR and Cross-FIR Allowed Upon Mutual Settlement and Payment of Costs to Advocate Welfare Fund

Two cross-writ petitions were filed to quash FIR No. 0034 of 2025 (dated 11.06.2025) and cross-FIR No. 0037 of 2025 (dated 25.06.2025), both registered at P.S. Buggawala, District Haridwar

The parties involved in both FIRs moved compounding applications, stating they had settled their disputes and maintained cordial relations

While the investigation was ongoing in the first FIR, a charge sheet had been filed in the second, though cognizance had not yet been taken

The parties appeared before the Court, except for two petitioners who were absent due to medical reasons (paralysis and illness)

1. Whether the First Information Reports and subsequent proceedings can be quashed on the basis of a compromise between the parties when one of the offences is non-compoundable

2. Whether the Court should exercise its inherent power to allow compounding of an offence under Section 191(3) of the Bharatiya Nyaya Sanhita (BNS), 2023

The Court primarily considered the provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Section 191(3) (relating to rioting armed with a deadly weapon), which is generally non-compoundable

the principle that while certain offences are non-compoundable under the statute, the High Court possesses the power to quash proceedings if the parties have reached a settlement and the continuation of criminal proceedings would serve no useful purpose

The Court observed that the complainants in both cross-FIRs expressed a clear desire not to pursue the matters further due to an amicable settlement

Although the learned AGA pointed out that Section 191(3) of the BNS is not compoundable, he conceded that it could be compounded with the leave of the Court

The Court found that because the dispute was private in nature and the parties had reconciled, continuing the investigation or trial would be a futile exercise

To balance the interests of justice and address the non-compoundable nature of the offence, the Court took note of the petitioners' voluntary offer to pay a cost of Rs. 3,00,000/- into the Advocate Welfare Fund

Both writ petitions and compounding applications were allowed. The Court quashed FIR No. 0034 of 2025 and FIR No. 0037 of 2025. The license holders (Mr. Mukesh Kumar, Mr. Sachin Kumar, and Mr. Babli Rana) were directed to pay Rs. 3,00,000/- to the Advocate Welfare Fund within 15 days