High Court Exercises Inherent Power to Quash Cross-FIRs for Non-Compoundable Attempted Murder Based on Amicable Settlement.

The petitioners, Suraj Kumar and Babu Kumar, are close friends from the same village who were involved in a mutual physical altercation on June 25, 2019, while under the influence of alcohol.

FIR No. 280/2019 was registered against Babu Kumar for offences under Sections 308 and 307 IPC (attempt to murder/culpable homicide) for allegedly using a knife.

FIR No. 281/2019 was registered against Suraj Kumar under Sections 323/341/324 IPC for allegedly using a brick.

The parties entered into a Memorandum of Understanding (MoU) on December 11, 2026, stating the injuries occurred accidentally during a scuffle over broken glass bottles and seeking to quash the proceedings to preserve their friendship.

1. Whether the High Court should exercise its inherent powers to quash criminal proceedings involving non-compoundable offences, specifically Section 307 IPC, based on a voluntary settlement between the parties.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 [formerly Section 482 of the CrPC], which recognizes the High Court's inherent power to quash proceedings to secure the ends of justice.

Precedent of Gian Singh v. State of Punjab Anr. (2012) regarding the quashing of non-compoundable offences through settlement.

Principles from Antonnette Promilla Fernanadez v. State NCT of Delhi (2026) and Mohd. Umair @ Umer v. State (2021), which establish that Section 307 IPC proceedings can be quashed if the accused are young offenders, the settlement is amicable, and the incident was private in nature.

The Court observed that the incident was a spontaneous quarrel between two close friends under the influence of alcohol, rather than a premeditated criminal act.

The Court noted that the petitioners are young offenders in their twenties who feel apologetic and have no other criminal record.

Under the MoU, both parties confirmed they settled the matter of their own free will to maintain their relationship.

Applying the judicial guidelines for non-compoundable offences, the Court reasoned that since the parties no longer intended to support the prosecution, continuing the trial—which was already at the stage of final arguments in one case—would be a futile exercise of judicial resources and would not serve the ends of justice.

The Court quashed cross-FIR Nos. 280/2019 and 281/2019 registered at PS Sagarpur and all consequential proceedings arising therefrom.

Both petitions and pending applications were disposed of in these terms.