Amicable settlement justifies quashing FIR involving non-compoundable Section 118(1) of Bharatiya Nyaya Sanhita.

The petitioners filed a writ petition seeking the quashing of FIR No. 0310 of 2025, dated 26.10.2025, registered at P.S. Transit Camp, District Udham Singh Nagar, for offences under Sections 118(1), 351(1), and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023

The petition was accompanied by a compounding application supported by affidavits from the petitioners, the complainant (Respondent No. 3), and the father of the minor victim (Respondent No. 4)

The parties submitted that they are neighbors and old friends who have amicably settled their disputes and restored cordial relations

The complainant confirmed via video conferencing that the victim sustained only simple injuries and expressed a desire to withdraw the complaint

1. Whether the High Court should exercise its power to quash an FIR based on a compounding application when one of the alleged offences is non-compoundable without the leave of the court

The court addressed the application of Sections 118(1) (voluntarily causing hurt by dangerous weapons or means), 351(1) (criminal intimidation), and 352 (intentional insult) of the Bharatiya Nyaya Sanhita (BNS), 2023.

It noted the legal principle that while certain offences under the BNS are not automatically compoundable—specifically Section 118(1)—they may be compounded with the leave of the court

The court relied on the principle that criminal proceedings arising from personal or private disputes may be quashed if a settlement is reached and the ends of justice are better served by preserving social harmony

The court performed a factual verification by interacting with the complainant and the petitioners, ensuring the settlement was voluntary and the parties' relations were indeed cordial

The court evaluated the gravity of the offence, noting the complainant’s statement that the injuries sustained by the victim were "simple"

While the State’s counsel pointed out that Section 118(1) BNS is not compoundable as a matter of right, the court exercised its discretionary power to grant leave for compounding, given the private nature of the dispute and the friendship between the parties

The court reasoned that since the parties live in the same locality and have resolved their differences, allowing the prosecution to continue would serve no purpose and would likely disturb the restored peace

The Court held that the settlement was bona fide and conducive to justice

Consequently, the Court quashed FIR No. 0310 of 2025, P.S. Transit Camp, District Udham Singh Nagar, effectively terminating all proceedings against the petitioners