Yash Sukhwani And Others vs State Of Madhya Pradesh And Others

Sandeep N. Bhatt, J

This petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita,2023 is filed for quashing of FIR registered at crime No. 442/2025 at P.S. Madhav Nagar, Ujjain District Ujjain for offence punishable under Sections 69, 115(2), 352, 351(2), 54 of BNS and Section 3(2)(v), 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act and consequential proceeding against the petitioners on the basis of compromise between the parties.

It is stated at the bar that the prosecutrix/victim is aged around 29 years and applicant No.1 is aged 29 years, the petitioner No.1 and prosecutrix were in relationship since 2024 and visited different public places like parks, hotels, cities.

Learned counsel for the petitioner and respondent no. 2 contend that since the parties have amicably settled their dispute, therefore continuation of proceedings relating to alleged FIR would be useless and abuse of process of law. The complainant does not wish to pursue the prosecution against the petitioners/accused. They wish to accord a quietus to all the disputes between the parties and proceed with the life.

Per-contra, learned counsel for the State opposed this petition and referring the statement of the prosecutrix submits that in view of direct allegations, the FIR should not be quashed.

Heard both the parties and perused the record.

Considering the seriousness of offences and keeping in mind that though initially some serious allegations are leveled against the petitioner No.1 Yash Sukhwani and his family members but, it seems that parties have entered into amicable compromise (IA No 1227/2026) and in this regard affidavit of compromise is filed by the prosecutrix/victim without any coercion or duress. The factum of compromise has been verified by the Principal Registrar on 11.2.2026 in compliance with the order passed by this Court on 42.2026. Therefore, the impugned FIR deserves to be quashed in view of the compromise.

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,]; Kapil Gupta Vs. State of NCT of Delhi [2022 SCC Online SC 1030]; Ananda D.V. Vs. State and another [2021 SCC Online SC 3423] and Narinder Singh & Others Vs. State of Punjab [(2014) 6 SCC 466], 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 utilized in other material cases.

After hearing rival contentions and taking into account the law laid down by the Apex Court, in the opinion of this Court, continuance of the prosecution in this matter will be a futile exercise which will serve no purpose. In view of amicable settlement, possibility of conviction is bleak.

In the obtaining facts and circumstances of the case, Section 528 of Bharatiya Nagarik Suraksha Sanhita can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the Courts below.

Consequently, this Court allows IA No. 1227/2026 and in exercise of inherent powers under Section 528 of BNSS directs that the FIR dated 16.10.2025 pertaining to Crime no. 442/2025 registered at Police Station-Madhav nagar Ujjain, District Ujjain (MP) for the offence punishable under sections 69, 115(2), 352, 351(2), 54 of BNS and Section 3(2)(v), 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act is hereby quashed with all consequential proceedings thereto.

This petition filed under Section 528 of the BNSS stands disposed of in the aforesaid terms.

Certified copy as per rules.