By invoking inherent powers of this Court, the present petition has been preferred by petitioners under Section 528 of BNSS/482 of Cr.P.C . seeking quashment of FIR bearing Crime No.469/2024 registered at Police Station Bahodapur District Gwalior for the offence punishable under Sections 376 , 377 , 323 , 294 , 506 and 34 of IPC as well as all consequential proceedings arising out of the said FIR including Sessions Trial No.140/2025 pending before VIIth District and Additional Sessions Judge, Gwalior.

2. Alongwith the petition, both the parties have separately filed I.A. Nos.21376 of 2025 and 21377 of 2025 stating therein that the Hon'ble Apex Court vide order dated 15.07.2025 passed in SLP (Criminal) No. 15558/2024 referred the case for the purpose of mediation between the parties. As a result, the mediation proceedings between both parties were completed on Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 12/5/2025 6:38:30 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:31780 2 MCRC-44350-2025 13.08.2025, during which both parties have executed a compromise. Based on the mediation report dated 14.08.2025, the Hon'ble Supreme Court directed the parties to comply with all the terms of the compromise and disposed of SLP (Criminal) No. 15558/2024. It is further submitted that now both parties wish to live peacefully, and the complainant/victim no longer desires to take any action against the petitioners in this matter and intends to close all proceedings arising out of Crime No. 469/2024.

3. In compliance of order dated 26.09.2025 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded the statements of respondents No.2 as well as petitioners and has submitted the report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion.

4. In view of the above, it would be apposite to survey the law in respect of compounding in non-compoundable case, the Apex Court in the case of K. Bharthi Devi and Another v. State of Telangana and Another , reported in (2024) 10 SCC 384 has held as under:

NEUTRAL CITATION NO. 2025:MPHC-GWL:31780 3 MCRC-44350-2025

5. The Apex Court in the case of Gian Singh Vs. State of Punjab and Anr. reported in (2012) 10 SCC 303 after considering the provisions of Section 320 and 482 of the Cr.P.C held that the compounding can he permitted in a non- compoundable offence. Relevant part of the order of the order reads as under :-

6. In a subsequent order, in the case of Narinder Singh and Ors. Vs. State of Punjab and Anr. passed in Criminal Appeal No.686/2014 dated 27.03.2014 after relying on the judgment passed in the case of Gian Singh (supra), the Apex Court permitted the compounding in a non-

compoundable case and quashed the criminal proceedings.

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7. In the case of Daxaben vs. State of Gujarat (Arising out of SLP (Crl.) No.1132-1155 of 2022) , the Apex Court held that the inherent power of the High Court under Section 482 of the Cr.P.C. is wide and can even be exercised to quash criminal proceedings relating to non-compoundable offences, to secure the ends of justice or to prevent abuse of the process of Court. Where the victim and offender have compromised disputes essentially civil and personal in nature, the High Court can exercise its power under Section 482 of the Cr.P.C. to quash the criminal proceedings.

8. In the case of State of M.P. Vs. Laxmi Narayan (2019) 5 SCC 688, a Three Judge Bench of the Apex Court discussed the earlier judgments of the Apex Court and laid down the principles in para-15. The relevant para- 15.1 and 15.2 are reproduced as under:-

9. In the case of Jaswant Singh vs. State of Punjab and Anr., Criminal Appeal No.1233 of 2021 (Arising out of SLP (Crl.) No.7072 of 2021 decided on 20.10.2021), the Apex Court held in para 61 that criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 12/5/2025 6:38:30 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:31780 5 MCRC-44350-2025 transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the proceedings can be quashed in exercise of the powers under Section 482 of the Cr.P.C. in non-compoundable cases on the basis of compounding.

10. In the cases of 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, Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466 and Anita Maria Dias and Another vs. State of Maharashtra and Anr. (2018) 3 SCC 290 , the Hon'ble Supreme Court has 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 utilised in other material cases.

11. In view of the above facts and circumstances and taking into account the law laid down by Hon'ble Apex Court, in the opinion of this court, continuance of the prosecution in such matters will be a futile exercise which will serve no purpose. Under such a situation, Section 482 Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the courts below.

12. Considering the fact that respondents No.2 and petitioners have amicably resolved the issue, this Court allows this MCRC with the following directions:-

ii. All consequential proceedings arising out of the said FIR including Sessions Trial No.140/2025 pending before VIIth District and Additional Sessions Judge, Gwalior stand quashed.

13. The criminal proceedings arising out of the said crime number shall not effect the service career of petitioner No.1.

14. Petition stands disposed of. No order as to costs.

(MILIND RAMESH PHADKE) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 12/5/2025 6:38:30 PM