Anil Prajapati vs The State Of Madhya Pradesh on 5 March, 2026

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    Madhya Pradesh High Court

    Anil Prajapati vs The State Of Madhya Pradesh on 5 March, 2026

    Author: Milind Ramesh Phadke

    Bench: Milind Ramesh Phadke

               NEUTRAL CITATION NO. 2026:MPHC-GWL:7864
    
    
    
    
                                                                    1                          MCRC-6408-2026
                                    IN     THE      HIGH COURT OF MADHYA PRADESH
                                                          AT GWALIOR
                                                              BEFORE
                                            HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                         ON THE 5 th OF MARCH, 2026
                                                  MISC. CRIMINAL CASE No. 6408 of 2026
                                                          ANIL PRAJAPATI
                                                               Versus
                                            THE STATE OF MADHYA PRADESH AND OTHERS
                              Appearance:
                                         Ayush Sharma - Advocate for the petitioner.
    
                                         Shri Mohit Shivhare Ga appearing on behalf of Advocate General[r-
                              1].
                                         Abhishek Jat, learned counsel for the respondent [R-2].
    
                                                                        ORDER
    

    This petition has been filed by the applicant under Section 528 of the
    Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of
    Cr.P.C.) seeking quashment of FIR bearing Crime No.261/2024 registered at
    Police Station Girwai, District Gwalior for the offences punishable under
    Sections 64(1), 74 and 351(2) of the Bharatiya Nyaya Sanhita, along with all

    consequential criminal proceedings arising out of Sessions Trial No.26/2025,
    on the basis of compromise between the parties.

    SPONSORED

    Brief facts of the case are that on the basis of a report lodged by
    respondent No.2/prosecutrix, the aforesaid FIR was registered against the
    petitioner. After registration of the case, the matter proceeded before the trial
    Court and the criminal case is pending as Sessions Trial No.26/2025.

    Signature Not Verified
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    SHASHANK
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    Learned counsel for the petitioner as well as counsel for the
    complainant submitted that during the pendency of the case the parties have
    amicably settled their dispute and a compromise has been arrived at between
    them. It is submitted that both the parties have resolved their differences
    voluntarily without any pressure, coercion or undue influence and they wish
    to maintain cordial relations in future. On the basis of such compromise, it is
    prayed that the FIR and all consequential proceedings may be quashed.
    Reliance has been placed on the judgments of the Hon’ble Supreme Court in
    Gian Singh vs. State of Punjab reported in AIR 2012 SCW and B.S. Joshi vs.
    State of Haryana
    reported in AIR(2003)1386.

    On the other hand, learned counsel for the State opposed the petition

    and submitted that the offences alleged in the present case are serious in
    nature and are offences against the society. It is submitted that such offences
    cannot be quashed merely on the basis of compromise between the parties
    and therefore the present petition deserves to be dismissed.

    Heard learned counsel for the parties and perused the record.

    The scope and ambit of inherent powers under Section 482 Cr.P.C.

    (now Section 528 BNSS) is well settled. Though the High Court possesses
    wide plenitude of powers to secure the ends of justice or to prevent abuse of
    process of Court, such power is required to be exercised sparingly and with
    circumspection.

    The Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC
    303; State of M.P. vs. Laxmi Narayan, (2019) 5 SCC 688; and Parbatbhai
    Aahir vs. State of Gujarat
    , (2017) 9 SCC 641 has categorically held that

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    heinous and serious offences of mental depravity such as murder, rape,
    dacoity, etc., cannot be quashed on the basis of compromise, as such
    offences are not private in nature but have a serious impact upon society.

    I n Shimbhu vs. State of Haryana, (2014) 13 SCC 318 and State of
    M.P. vs. Madan Lal
    , (2015) 7 SCC 681, the Apex Court has unequivocally
    held that rape is a non-compoundable offence and a crime against society.
    Compromise between the victim and the accused cannot be a ground for
    quashing proceedings or for adopting a lenient approach, as such a course
    would be against public policy and the dignity of women.

    This Court in the matter of Rishikesh Chandel & Others vs. State of
    M.P. & Another (M.Cr.C. No.52709 of 2025, decided on 09.02.2026) has
    held as under:

    “8. The short question which requires consideration is, whether in the exercise of inherent
    jurisdiction under Section 482 Cr.P.C. the FIR as well as the entire proceedings can be quashed in
    the cases involving an offence of Rape in view of the compromise entered into by the parties?

    9. Before scrutinizing the facts of the present case and rephrasing the scope of powers
    exercisable by this Court under Section 482 Cr.P.C., it would be appropriate to understand
    Section 482 Cr.P.C. which provides for saving of inherent powers of High Court. Section 482
    Cr.P.C., reads as under:-

    “Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect
    the inherent powers of the High Court to make such orders as may be necessary to give effect to
    any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure
    the ends of justice.”

    10. The inherent power of the Courts set up by the Constitution is a power that inheres in such
    Courts being Court of record. This power is vested by the Constitution itself, inter-alia, under
    Article 215 of the Constitution of India. Every High Court has inherent power to act ex-debito
    justitiae to do real and substantial justice, for the administration of which alone it exists or to
    prevent the abuse of the process of the Court. Section 482 Cr.P.C. saves inherent powers of the
    High Court and it starts with non-obstante clause “Nothing in this Code shall be deemed to limit
    or affect the inherent powers of the High Court to make such orders as may be necessary.” The
    inherent power can be exercised under Section 482 Cr.P.C. (i) to give effect to an order under the
    Code; (ii) to prevent abuse of the process of Court; and (iii) to otherwise secure the ends of
    justice.

    11. This inherent power possessed by the High Court is of wide plenitude, with no statutory
    restrictions. The limitations imposed on exercise of such power are the self imposed restrictions.
    Any provision of the Code cannot limit or affect the inherent powers of the High Court. But, this
    power, being extraordinary, is required to be exercised sparingly, carefully, with caution, and

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    circumspection and only when such exercise is justified by the tests specifically laid down in
    Section 482 Cr.P.C. If there is any specific provision in the statute for redressal of grievance, the
    High Court, ordinarily, refuses to invoke the extraordinary powers, and also, in a situation with
    respect to the matter where there is a specific bar of law engrafted in the statute. The paramount
    consideration to the exercise of this power is to prevent the abuse of the process of the Court. If
    any abuse of the process leading to injustice is brought to the notice of the Court, then the Court
    would be justified in preventing injustice by invoking inherent powers in absence of any specific
    provision in the statute.

    12. At this juncture, it would be apropos to illuminate the following principles laid down by a
    Three Judge Bench of the Apex Court in Gian Singh Vs. State of Punjab reported in reported in
    (2012) 10 SCC 303 has held as under:-

    “61. …the power of the High Court in quashing a criminal proceeding or FIR or complaint in
    exercise of its inherent jurisdiction is distinct and different from the power given to a criminal
    court for compounding the offences under Section 320 of the Code. Inherent power is of wide
    plenitude with no statutory limitation but it has to be exercised in accord with the guideline
    engrafted in such power viz.:- (i) to secure the ends of justice, or (ii) to prevent abuse of the
    process of any court. In what cases power to quash the criminal proceeding or complaint or FIR
    may be exercised where the offender and the victim have settled their dispute would depend on
    the facts and circumstances of each case and no category can be prescribed. However, before
    exercise of such power, the High Court must have due regard to the nature and gravity of the
    crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity,
    etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have
    settled the dispute. Such offences are not private in nature and have a serious impact on society.
    Similarly, any compromise between the victim and the offender in relation to the offences under
    special statutes like the Prevention of Corruption Act or the offences committed by public
    servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal
    proceedings involving such offences. But the 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 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. In this category of cases, the High Court may quash the criminal proceedings
    if in its view, because of the compromise between the offender and the victim, the possibility of
    conviction is remote and bleak and continuation of the criminal case would put the accused to
    great oppression and prejudice and extreme injustice would be caused to him by not quashing the
    criminal case despite full and complete settlement and compromise with the victim. In other
    words, the High Court must consider whether it would be unfair or contrary to the interest of
    justice to continue with the criminal proceeding or continuation of the criminal proceeding would
    tantamount to abuse of process of law despite settlement and compromise between the victim and
    the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is
    put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall
    be well within its jurisdiction to quash the criminal proceeding.”

    13. The compendium of these broad fundamentals structured in more than one judicial precedent,
    has been recapitulated by another Three Judge Bench of the Apex Court in State of Madhya
    Pradesh vs. Laxmi Narayan & Ors.
    reported in (2019) 5 SCC 688 elaborating:

    “(1) That the power conferred under Section 482 of the Code to quash the 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

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    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;

    (4) xxx xxx xxx
    (5) While exercising the power under Section 482 of the Code to quash the criminal proceedings
    in respect of non-compoundable offences, which are private in nature and do not have a serious
    impact on society, on the ground that there is a settlement/compromise between the victim and the
    offender, the High Court is required to consider the antecedents of the accused; the conduct of the
    accused, namely, whether the accused was absconding and why he was absconding, how he had
    managed with the complainant to enter into a compromise, etc.”

    14. Section 320 (1) of the Code provides for compounding of certain offences punishable under
    Indian Penal Code (IPC ) specified in first two columns of the Table, given there under, by the
    persons mentioned in the third Column of the table. Sub-Section (2) of Section 320 of the Code,
    further provides for compounding of certain offences punishable under Indian Penal Code
    specified in the first two columns by the persons specified in the third column of the table given
    under Sub-section (2), with the permission of the Court before which any prosecution for such
    offence is pending. Subsection (9) of Section 320, specifically provides that, “No offence shall be
    compounded except as provided by this Section” i.e. Section 320 of the Code.

    15. Section 320 Cr.P.C. does not come in the way of exercise of inherent power of the High Court
    for quashment of criminal proceeding. The power of the High Court for quashment of the
    criminal proceeding is distinct and different from the power given to a criminal Court for
    compounding the offences under Section 320 of the Code. The inherent power of the High Court
    is neither restricted nor controlled by Section 320 of the Code. The proceedings of the offences
    which are non-compoundable can also be quashed by the High Court in exercise of inherent
    jurisdiction, on the well settled principles, but sparingly and with caution, forming an opinion, on
    either of the two objectives of securing the ends of justice and to prevent abuse of the process of
    any Court. This bar of Section 320 Cr.P.C. is attracted only before the Criminal Court, where the
    prayer for compounding is made. There, only those offences which have been made
    compoundable, can be compounded and the offences which are non-compoundable cannot be
    compounded in view of Sub-Section (9) of Section 320 Cr.P.C.

    16. It is true that offences which are ‘non-compoundable’ cannot be compounded by a criminal
    court in purported exercise of its powers under Section 320 Cr.P.C. There is no patent or latent
    ambiguity in the language of Section 320 Cr.P.C., which may justify its wider interpretation and
    include such offences in the docket of ‘compoundable’ offences which have been consciously kept
    out as non-compoundable. Nevertheless, the limited jurisdiction to compound an offence within
    the framework of Section 320 Cr.P.C. is not an embargo against invoking inherent powers by the
    High Court vested in it under Section 482 Cr.P.C.

    17. In B.S. Joshi & Ors. Vs. State of Haryana & Another (supra), the Hon’ble Supreme Court has
    held that if for the purpose of securing the ends of justice, quashing of F.I.R becomes necessary,
    section 320 Cr.P.C. would not be a Bar to the exercise of power of quashing. It is, however, a
    different matter depending on facts and circumstances of each case, whether to exercise or not,
    such a power. The High Court in exercise of its inherent powers can quash criminal proceedings
    or F.I.R or complaint and Section 320 Cr.P.C. does not limit or affect the powers under Section
    482
    Cr.P.C.

    18. Similarly, in the case of Madhu Limaye vs. The State Of Maharashtra reported in AIR 1978
    SC 47, the Apex Court has held that if for the purpose of securing the ends of justice, quashing of
    FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing. It
    is, however, a different matter depending upon the facts and circumstances of each case whether

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    to exercise or not such a power.

    19. In State of Karnataka v. L. Muniswamy (1977) 2 SCC 699, considering the scope of inherent
    power of quashing under Section 482, the Apex Court has held that in the exercise of this
    wholesome power, the High Court is entitled to quash proceedings if it comes to the conclusion
    that the ends of justice so require. It was observed that in a criminal case, the veiled object behind
    a lame prosecution, the very nature of the material on which the structure of the prosecution rests
    and the like would justify the High Court in quashing the proceeding in the interest of justice and
    that the ends of justice are higher than the ends of mere law though justice had got to be
    administered according to laws made by the legislature. The Court said that the compelling
    necessity for making these observations is that without a proper realization of the object and
    purpose of the provision which seeks to save the inherent powers of the High Court to do justice
    between the State and its subjects, it would be impossible to appreciate the width and contours of
    that salient jurisdiction. On facts, it was also noticed that there was no reasonable likelihood of
    the accused being convicted of the offence. What would happen to the trial of the case where the
    wife does not support the imputations made in the FIR of the type in question. As also noticed by
    the Court, later she has filed an affidavit that the FIR was registered at her instance due to
    temperamental differences and implied imputations. There may be many reasons for not
    supporting the imputations. It may be either for the reason that she has resolved disputes with her
    husband and his other family members and as a result thereof she has again started living with her
    husband with whom she earlier had differences or she has willingly parted company and is living
    happily on her own or has married someone else on the earlier marriage having been dissolved by
    divorce on consent of parties or fails to support the prosecution on some other similar grounds. In
    such eventuality, there would almost be no chance of conviction. Would it then be proper to
    decline to exercise power of quashing on the ground that it would be permitting the parties to
    compound non-compoundable offences? The answer clearly has to be in the “negative”. It would,
    however, be a different matter if the High Court on facts declines the prayer for quashing for any
    valid reasons including lack of bona fides.

    20. In Madhavrao Jiwajirao Scindia vs. Sambhajirao Chandrojirao Angre (1988) 1 SCC 692, the
    Apex Court has held that while exercising inherent power of quashing under Section 482, it is for
    the High Court to take into consideration any special features which appear in a particular case to
    consider whether it is expedient and in the interest of justice to permit a prosecution to continue.
    Where, in the opinion of the court, chances of an ultimate conviction are bleak and, therefore, no
    useful purpose is likely to be served by allowing a criminal prosecution to continue, the court
    may, while taking into consideration the special facts of a case, also quash the proceedings.

    21. Thus, the Apex Court in B.S. Joshi (Supra) case has come to the conclusion that the High
    Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and
    Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.

    22. In Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujrat and
    another
    (2017) 9 SCC 641, the Hon’ble Apex Court again summarized and laid down principles
    which emerged from the precedents on the subject, in paragraph no.16 of the judgment, which is
    as follows:-

    “16. The broad principles which emerge from the precedents on the subject, may be summarised
    in the following propositions:

    16.1 Section 482 preserves the inherent powers of the High Court to prevent an abuse of the
    process of any court or to secure the ends of justice. The provision does not confer new powers. It
    only recognises and preserves powers which inhere in the High Court;
    16.2 The invocation of the jurisdiction of the High Court to quash a First Information Report or a
    criminal proceeding on the ground that a settlement has been arrived at between the offender and
    the victim is not the same as the invocation of jurisdiction for the purpose of compounding an
    offence. While compounding an offence, the power of the court is governed by the provisions of
    Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is

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    attracted even if the offence is non-compoundable.

    16.3 In forming an opinion whether a criminal proceeding or complaint should be quashed in
    exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of
    justice would justify the exercise of the inherent power;16.4 While the inherent power of the
    High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice
    or (ii) to prevent an abuse of the process of any court;

    16.5 The decision as to whether a complaint or First Information Report should be quashed on the
    ground that the offender and victim have settled the dispute, revolves ultimately on the facts and
    circumstances of each case and no exhaustive elaboration of principles can be formulated;
    16.6 In the exercise of the power under Section 482 and while dealing with a plea that the dispute
    has been settled, the High Court must have due regard to the nature and gravity of the offence.

    Heinous and serious offences involving mental depravity or offences such as murder, rape and
    dacoity cannot appropriately be quashed though the victim or the family of the victim have settled
    the dispute. Such offences are, truly speaking, not private in nature but have a serious impact
    upon society. The decision to continue with the trial in such cases is founded on the overriding
    element of public interest in punishing persons for serious offences;
    16.7 As distinguished from serious offences, there may be criminal cases which have an
    overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so
    far as the exercise of the inherent power to quash is concerned;

    16.8 Criminal cases involving offences which arise from commercial, financial, mercantile,
    partnership or similar transactions with an essentially civil flavour may in appropriate situations
    fall for quashing where parties have settled the dispute;

    16.9 In such a case, the High Court may quash the criminal proceeding if in view of the
    compromise between the disputants, the possibility of a conviction is remote and the continuation
    of a criminal proceeding would cause oppression and prejudice; and
    16.10 There is yet an exception to the principle set out in propositions 16.8 and 16.9, above.
    Economic offences involving the financial and economic well-being of the state have
    implications which lie beyond the domain of a mere dispute between private disputants. The High
    Court would be justified in declining to quash where the offender is involved in an activity akin
    to a financial or economic fraud or misdemeanour. The consequences of the act complained of
    upon the financial or economic system will weigh in the balance.”

    23. In Parbatbhai Aahir (Supra), the Hon’ble Supreme Court held that the High Court was
    justified in declining to entertain the application for quashing the FIR in exercise of its inherent
    jurisdiction, as the case involved extortion, forgery, conspiracy, fabrication of documents,
    utilization of fabricated documents to effectuate transfers of title before the registering authorities
    and deprivation of the complainant therein of his interest in land on the basis of a fabricated
    power of attorney, and consequently it was not in the interest of the society to quash the FIR on
    the ground that a settlement had been arrived at with the complainant. Such offences could not be
    construed to be merely private or civil disputes but implicated the societal interest in prosecuting
    serious crime.

    24. In State of Madhya Pradesh Vs. Laxmi Narayan and others (supra), the Hon’ble Supreme
    Court, again held that the power to quash the criminal proceedings in exercise of power under
    Section 482 of the Code is not to be exercised in those prosecutions which involve 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.
    Paragraph 15 of Laxmi Narayan
    (Supra) is being reproduced as under:-

    “15. Considering the law on the point and the other decisions of this Court on the point, referred
    to hereinabove, it is observed and held as under:-

    15.1) That the power conferred under Section 482 of the Code to quash the 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

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    commercial transactions or arising out of matrimonial relationship or family disputes and when
    the parties have resolved the entire dispute amongst themselves;
    15.2) 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;

    15.3) Similarly, such power is not to be exercised for the offences under the special statutes like
    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;

    15.4) Offences under Section 307 IPC and the Arms Act etc. would fall in the category of
    heinous and serious offences and therefore are to be treated as crime against the society and not
    against the individual alone, and therefore, the criminal proceedings for the offence under Section
    307
    IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed
    in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved
    their entire dispute amongst themselves. However, the High Court would not rest its decision
    merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under
    this provision. It would be open to the High Court to examine as to whether incorporation of
    Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence,
    which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it
    would be open to the High Court to go by the nature of injury sustained, whether such injury is
    inflicted on the vital/delicate parts of the body, nature of weapons used etc. However, such an
    exercise by the High Court would be permissible only after the evidence is collected after
    investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise
    is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion
    in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra)
    should be read harmoniously and to be read as a whole and in the circumstances stated
    hereinabove;

    15.5) While exercising the power under Section 482 of the Code to quash the criminal
    proceedings in respect of non-compoundable offences, which are private in nature and do not
    have a serious impart on society, on the ground that there is a settlement/compromise between the
    victim and the offender, the High Court is required to consider the antecedents of the accused; the
    conduct of the accused, namely, whether the accused was absconding and why he was
    absconding, how he had managed with the complainant to enter into a compromise etc.”

    25. In Laxmi Narayan(Supra), the High Court had quashed the criminal proceedings for the
    offences under Section 307 and 34 IPC on the basis of settlement mechanically and even when
    the investigation was under process and some how, the accused managed to enter into a
    compromise with the complainant and sought quashing of the FIR on the basis of a settlement. It
    was held that the allegations were serious in nature. Fire arms was used in the commission of the
    offence. Considering the gravity of the offence and the conduct of the accused his antecedents,
    quashment of the FIR on the basis of settlement was held as not sustainable in the eye of law.

    26. From the above discussion, it is clear that the Court considering the nature of offence and the
    fact that the parties have amicably settled their dispute and the victim has willingly consented to
    the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent
    powers under Section 482 Cr.P.C. even if the offences are non-compoundable. The Court can
    indubitably evaluate the consequential effects of the offence beyond the body of an individual
    and thereafter adopt a pragmatic approach, to ensure that the felony, even if goes unpunished,
    does not tinker with or paralyze the very object of the administration of criminal justice system.

    27. It has further held that criminal proceedings involving non-heinous offences or where the
    offences are predominantly of a private nature, can be quashed. The cases where compromise has
    taken place, this Court under inherent power ought to exercise such discretion with rectitude,
    keeping in view the circumstances surrounding the incident, the fashion in which the compromise

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    has been arrived at, and with due regard to the nature and seriousness of the offence, besides the
    conduct of the accused, before and after the incidence.

    28. This Court is of the opinion that the touchstone for exercising the extra-ordinary power under
    Section 482 Cr.P.C. would be to secure the ends of justice. There can be no hard and fast line
    constricting the power of the Court to do substantial justice. A restrictive construction of inherent
    powers under Section 482 Cr.P.C. may lead to rigid or specious justice, which in the given facts
    and circumstances of a case, may rather lead to grave injustice. On the other hand, in cases where
    heinous offences have been proved against perpetrators, no such benefit ought to be extended, as
    has been observed by the Apex Court in the case of Narinder Singh & Ors. vs. State of Punjab &
    Ors. and Laxmi Narayan (Supra).

    29. In other words, grave or serious offences or offences which involve moral turpitude or have a
    harmful effect on the social and moral fabric of the society or involve matters concerning public
    policy, cannot be construed between two individuals or groups only, for such offences have the
    potential to impact the society at large. Effacing abominable offences through quashing process
    would not only send a wrong signal to the community but may also accord an undue benefit to
    unscrupulous habitual or professional offenders, who can secure a ‘settlement’ through duress,
    threats, social boycotts, bribes or other dubious means. It is well said that “let no guilty man
    escape, if it can be avoided.

    30. In a case of rape or attempt of rape, the conception of compromise under no circumstances
    can really be thought of. These are crimes against the body of a woman which is her own temple.
    These are offences which suffocate the breath of life and sully the reputation. And reputation,
    needless to emphasise, is the richest jewel one can conceive in life. No one would allow it to be
    extinguished. When a human frame is defiled, the “purest treasure”, is lost. Dignity of a woman
    is a part of her non-perishable and immortal self and no one should ever think of painting it in
    clay. There cannot be a compromise or settlement as it would be against her honour which
    matters the most. It is sacrosanct. Sometimes solace is given that the perpetrator of the crime has
    acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner;
    and we say with emphasis that the Courts are to remain absolutely away from this subterfuge to
    adopt a soft approach to the case, for any kind of liberal approach has to be put in the
    compartment of spectacular error.

    31. In the case of Shyam Narain vs. State (NCT of Delhi) AIR 2013 SC 2209, the Apex Court has
    gone to the extent of sum that an attitude reflects lack of sensibility towards the dignity, the elan
    vital, of a woman. Any kind of liberal approach or thought of mediation in this regard thoroughly
    and completely sans legal permissibility.

    32. A compromise entered into between the parties cannot be construed as a leading factor based
    on which lesser punishment can be awarded. Rape is a non-compoundable offence and it is an
    offence against the society and is not a matter to be left for the parties to compromise and settle.
    Since the Court cannot always be assured that the consent given by the victim in compromising
    the case is a genuine consent, there is every chance that she might have been pressurized by the
    convicts or the trauma undergone by her all the years might have compelled her to opt for a
    compromise.

    33. In Shimbhu Vs. State of Haryana (2014) 13 SCC 318, the Hon’ble Supreme Court held that
    rape is a non compoundable offence and it is an offence against the society and is not a matter to
    be left for the parties to compromise and settle. Since the Court cannot always be assured that the
    consent given by the victim in compromising the case is a genuine consent, there is every chance
    that she might have been pressurized by the convicts or the trauma undergone by her all the years
    might have compelled her to opt for a compromise. Infact, accepting this proposition will put an
    additional burden on the victim. The accused may use all his influence to pressurize her for
    compromise. So, in the interest of justice and to avoid unnecessary pressure/harassment to the
    victim, it would not be safe in considering the compromise arrived at between the parties in rape
    cases to be a ground for the court to exercise the discretionary power under proviso to Section

    Signature Not Verified
    Signed by: NEETU
    SHASHANK
    Signing time: 3/10/2026
    12:07:04 PM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:7864

    10 MCRC-6408-2026
    376(2) IPC.

    34. In State of Madhya Pradesh Vs. Madan Lal (2015) 7 Supreme Court Cases 681, the Hon’ble
    Supreme Court held that rape or attempt to rape are crimes against the body of a women which is
    her own temple. These are the offences which suffocate the breath of life and sully the reputation.
    Reputation is the richest jewel one can conceive of in life. No one can allow it to be extinguished.
    When a human frame is defiled, the “Purest Treasure” is lost. Dignity of a woman is a part of her
    non-perishable and immortal self and no one should ever think of painting it in clay. There cannot
    be a compromise or settlement as it would be against her honour which matters the most.
    Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock
    with her which is nothing but putting pressure in an adroit manner. The Apex Court emphasized
    that, the Courts are to remain absolutely away from this subterfuge to adopt a soft approach to the
    case, for any kind of liberal approach has to be put in the compartment of spectacular error. Or to
    put it differently, it would be in the realm of a sanctuary of error.

    35. Thus, it is very well settled that in respect of serious offences like murder, rape, dacoity, etc.,
    or other offences of mental depravity under IPC or offences of moral turpitude under special
    statutes, like the Prevention of Corruption Act or the offences committed by public servants while
    working in that capacity, the settlement between the offender and the victim can have no legal
    sanction at all. Any compromise between the victim and the offender in relation to such offences,
    cannot provide for any basis for quashing the criminal proceedings. The inherent power is not to
    be exercised in those prosecutions which involve heinous and serious offences. Such offences are
    not private in nature and have a serious impact on society. The decision to continue with the trial
    in such cases is founded on the overriding element of public interest in punishing persons for
    serious offences. The offences under Section 376 of IPC fall in the category of serious and
    heinous offences. The same is treated as crime against the society and not against individual
    alone and therefore, the criminal proceeding for the offences under these sections having a
    serious impact on the society, cannot be quashed in exercise of power under Section 482 of the
    Code on the ground that the parties have resolved their entire dispute among themselves through
    compromise/settlement.

    36. Any compromise or settlement with respect to the offence of rape, against the honour of a
    woman, which shakes the very core of her life and tantamounts to a serious blow to her supreme
    honour, offending both, her esteem and dignity, is not acceptable to this Court.

    37. Considering the facts and circumstances of the case as well as above stated position of law,
    the Court finds that the alleged offences under Sections 64(2)(f), 64(2)(m), 115(2), 118(1),
    351(3), 3(5) of BNS are serious in nature and non-compoundable, therefore, the instant
    proceedings cannot be quashed on the basis of compromise between the parties in exercise of
    powers conferred under Section 482 Cr.P.C.

    38. Accordingly, the present application under Section 482 Cr.P.C. is dismissed.”

    This Court, in the aforesaid matter, after considering the entire gamut
    of law on the subject, has reiterated that offences under Section 376 IPC fall
    in the category of serious and heinous offences and cannot be quashed in
    exercise of inherent jurisdiction merely on the basis of compromise.

    In the present case, the allegations in the present case relate to
    offences punishable under Sections 64(1), 74 and 351(2) of the Bharatiya

    Signature Not Verified
    Signed by: NEETU
    SHASHANK
    Signing time: 3/10/2026
    12:07:04 PM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:7864

    11 MCRC-6408-2026
    Nyaya Sanhita, which are serious offences and have a larger impact on
    society. The law is well settled that in cases involving offences of serious
    nature or offences against society, the criminal proceedings cannot be
    quashed merely on the basis of compromise between the parties.

    Even though the prosecutrix has entered into a compromise, the same
    cannot override the larger public interest in ensuring that persons accused of
    such grave offences are subjected to due process of law. The gravity and
    nature of the allegations disentitle the petitioner from seeking quashment on
    the basis of compromise.

    In view of the settled legal position and considering the seriousness of
    the offences alleged, this Court is of the considered opinion that no case is
    made out for exercise of inherent powers under Section 528 of BNSS
    (Section 482 Cr.P.C.) for quashing the FIR and consequential proceedings.

    Accordingly, the petition filed under Section 528 of BNSS (Section
    482
    Cr.P.C.) is dismissed.

    No order as to costs.

    (MILIND RAMESH PHADKE)
    JUDGE

    neetu

    Signature Not Verified
    Signed by: NEETU
    SHASHANK
    Signing time: 3/10/2026
    12:07:04 PM



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