High Court Exercises Inherent Powers To Quash Non-Compoundable BNS Offences Based On Amicable Private Settlement.

The applicant filed a petition seeking the quashing of a charge-sheet and a summoning order dated 28.01.2025 issued by the Judicial Magistrate, Bazpur

The proceedings arose from an FIR lodged by Respondent No. 2 alleging that on 23.10.2024, the applicant intercepted her while returning from school, forced her to talk, and subsequently abused and assaulted her upon her refusal

Following the investigation, a charge-sheet was filed under Sections 115(2), 351(2), 352, 74, and 75(1)(i) of the Bharatiya Nyaya Sanhita (BNS)

During the pendency of the case, the parties settled the dispute amicably and filed a joint compounding application (IA No. 1 of 2026) supported by affidavits

Whether the High Court should exercise its inherent power to quash criminal proceedings involving non-compoundable offences under the BNS when the parties have reached an amicable private settlement.

The Court primarily applied Section 482 of the Code of Criminal Procedure (Cr.P.C.) regarding the inherent powers of the High Court to prevent abuse of the process of law

It relied on the landmark principles established in Gian Singh vs. State of Punjab (2012), which empowers the Court to quash proceedings in private or personal disputes that have been settled

Further reliance was placed on Narinder Singh vs. State of Punjab (2014) and State of Madhya Pradesh vs. Laxmi Narayan (2019), which affirm that even non-compoundable offences of a personal nature may be quashed if the continuation of the trial would not serve the ends of justice after a compromise

The Court observed that although the State Counsel opposed the application on the grounds that Sections 74, 75(1)(i), and 351(2) of the BNS are non-compoundable, the underlying dispute was essentially personal and arose from a private grievance

The Court verified the factum of the settlement by interacting with Respondent No. 2 (the complainant) in person, who confirmed she had no objection to the quashing of the proceedings

Applying the Gian Singh doctrine, the Court reasoned that since the matter did not involve grave public interest or serious social impact, and because the complainant was no longer willing to prosecute, the conviction of the applicant was highly unlikely

Consequently, the Court determined that continuing the criminal trial would be a futile exercise and an abuse of judicial process

The Court quashed the charge-sheet, the summoning order dated 28.01.2025, and the entire criminal proceedings in Criminal Case No. 75 of 2025 pending before the Judicial Magistrate, Bazpur

All pending applications were disposed of accordingly