A fully settled private theft dispute may warrant FIR quashing under inherent powers.

The complainant reported the theft of cash, gold and silver articles from his home.

During the investigation, cash and ornaments identified by the complainant as stolen property were recovered from petitioner nos. 1 and 2; melted silver was recovered from petitioner no. 3, who stated that he had purchased and melted the silver

The complainant and petitioners later entered into a written compromise. The complainant confirmed receipt of the agreed articles and sums, including bank drafts totalling ₹2,00,000, and stated that he had no objection to quashing the FIR

The petitioners sought quashing of FIR No. 80034848/2026, registered under Section 305 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 380 IPC), and the proceedings arising from it.

1. Whether the High Court should exercise its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR and consequential proceedings in light of the parties’ compromise.

2. Whether the settlement was sufficient to warrant quashing where the dispute was primarily private and the complainant did not wish to pursue the prosecution.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, preserves the High Court’s inherent powers to make orders necessary to give effect to the BNSS, prevent abuse of process, or secure the ends of justice.

The Court applied the principle that criminal proceedings may be quashed on settlement where the dispute is primarily private, continuation would serve no useful purpose, and quashing would secure the ends of justice.

The Court noted that the parties had resolved the dispute through a written compromise and that the complainant, appearing before the Court, confirmed the settlement was voluntary and that he had received the agreed amounts and property.

Given that the dispute was primarily private, involved no public interest, and the complainant did not wish to press charges, the Court concluded that continuing the prosecution would serve no useful purpose.

It therefore exercised its inherent powers under Section 528 BNSS to quash the FIR.

It directed that the parties’ original affidavits be submitted to the Trial Court and the concerned SHO/IO within four weeks.