KRISHNA GOPAL PAWARversusSTATE OF GUJARAT
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- P M RAVAL
Holding
The court held that, in appropriate cases where the offences have no impact on society and are not among the exempted categories, Section 528 of the BNSS permits the compounding of non‑compoundable offences and the FIR was quashed.
Summary
The applicants filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash an FIR registered for offences under Sections 316(4), 61(2) and 3(5) of the same Act. Both the applicants and the de facto complainant, Harish Khimji Maheshwari, appeared before the court and affirmed that they had reached a compromise and wished to compound the offences. Although the offences are non‑compoundable, the court relied on the Supreme Court’s decision in Gian Singh v. State of Punjab, which allows the exercise of inherent powers under Section 528 to compound non‑compoundable offences where they do not affect society and are not among the exempted categories. The court held that the present case did not fall within the exempted categories and therefore permitted compounding. Consequently, the application was allowed and the FIR, along with any related proceedings, was quashed.
Issues considered
- Whether an FIR for non‑compoundable offences under the BNSS can be quashed on the basis of a compromise between the parties.
- Whether Section 528 of the BNSS empowers the court to permit compounding of non‑compoundable offences.
- Whether the present offences fall within the exempted categories identified in Gian Singh v. State of Punjab.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023s. 316(4), s. 3(5), s. 528, s. 61(2)
Subjects
Judgment
R/CR.MA/12432/2026 ORDER DATED: 04/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
12432 of 2026
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KRISHNA GOPAR PAWAR & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1,10,2,3,4,5,6,7,8,9
ROHAN RAVAL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 04/06/2026
ORAL ORDER
1. Learned Advocate Ms. N.S. Jethva has instructions to appear
on behalf of the Original Complainant – Respondent No. 2 herein
and shall file her Vakalatnama in due course. Registry to accept
the same.
2. This application under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS) is filed seeking to quash the FIR
being C.R. No. 11205032260795 OF 2026, registered with
Mundra Police Station, Kachchh-West-Bhuj for the offences
punishable under Sections 316(4), 61(2) and 3(5) pf the BNS,
2023 on 24.05.2026.
2.1 Heard, the learned advocate for the applicants, learned
advocate for the second respondent, who is the de facto
complainant and the learned Additional Public Prosecutor for the
respondent – State.
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R/CR.MA/12432/2026 ORDER DATED: 04/06/2026
3. When the matter is taken up for hearing, the learned
advocate for the applicants as well as the learned advocate for
the second respondent - de facto complainant would submit that
both the parties have entered into compromise and they have
settled the dispute between them amicably and they have
decided to compound the offence. The learned advocate for the
applicants has also filed the affidavit of the second respondent -
de facto complainant to this effect.
4. The de facto complainant Harish Khimji Maheshwari is
physically present before the Court today. When questioned, he
has unequivocally stated that he has entered into compromise
with the accused and they have amicably settled the dispute and
that, he has no objection to quash the FIR that is registered
against the applicants.
5. Although, the offences for which the FIR was registered, are
non-compoundable offences, as per the dictum laid down by the
Apex Court in Gian Singh v. State of Punjab, (2012) 10 SCC
303, in appropriate cases, where the offences have no impact on
the society, the Court in exercise of its inherent powers under
Section 528 of BNSS, can permit the parties to compound the
offences even which are non-compoundable. Although, some
cases are exempted which are catelogued in the said judgment of
the Apex Court, the present case is not falling within the said
exempted cases.
6. Therefore, permission is accorded to the applicants and the
de facto complainant to compound the offence as prayed for and
the compromise is recorded.
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R/CR.MA/12432/2026 ORDER DATED: 04/06/2026
7. Resultantly, the application is allowed. The, FIR, referred to
herein above, and the proceedings, if any, pursuant
thereto, are hereby quashed against present the applicants.
(P. M. RAVAL, J)
MMP
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/06/2026
13:38:30
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