After Gorkha Association Says It Won’t Pursue Case, Sikkim HC Quashes Non-Compoundable BNS Charges Against Two Men

The petitioners sought to quash FIR No. 09/2026, registered under Sections 196(1)(a) and 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS), together with the resulting charge-sheet and pending proceedings before the Chief Judicial Magistrate, Gangtok. They raised several grounds, including that the FIR did not disclose the essential ingredients of the offences and was a counterblast

Respondent No. 2, the complainant organisation, stated that it did not wish to pursue the proceedings. The parties subsequently filed a joint compromise deed, which the Court considered along with its interaction with the parties

Section 528 BNSS was invoked as the source of the High Court’s power to quash the proceedings.

The Court noted that Section 196(1)(a) BNS is cognizable, non-bailable and non-compoundable, while stating that “Section 382” BNS is compoundable. The FIR and petition, however, identify the second offence as Section 352 BNS. No precedent or further legal test for quashing on the basis of compromise was cited.

Having considered the nature and manner of the alleged offences, the joint compromise deed, and its interaction with the parties, the Court concluded that justice would be best served by ending the proceedings.

The complainant organisation had expressly stated that it did not wish to pursue the matter and had no objection to quashing; the deed recorded that the settlement was voluntary and free from coercion or undue influence. The Court therefore exercised its Section 528 BNSS jurisdiction despite noting the non-compoundable character of Section 196(1)(a) BNS.

The criminal miscellaneous case and any pending applications were disposed of.