High Court Exercises Inherent Powers to Quash Non-Compoundable Criminal Proceedings Based on Voluntary Amicable Settlement

The petitioners filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) [corresponding to Section 482 of the Cr.P.C.] seeking to quash FIR Crime No. 95/2023 registered at Police Station Basai, District Datia.

The FIR alleged offences under Sections 452, 327, 323, 294, 506, 34, 329, 457, 387, and 460 of the IPC.

During the proceedings, the parties filed I.A. No. 1099/2026, stating they had voluntarily settled the dispute and entered into a compromise.

The factum of compromise was verified by the Principal Registrar of the High Court, who reported that the settlement was arrived at without threat, inducement, or coercion.

1. Whether the High Court can exercise its inherent powers to quash criminal proceedings for non-compoundable offences on the basis of a compromise between the parties.

2. Whether the continuation of the criminal proceedings in the present case would serve the ends of justice or constitute an abuse of the process of law.

The Court applied the inherent powers of the High Court under Section 528 of the BNSS (formerly Section 482 Cr.P.C.).

It relied on *Gian Singh v. State of Punjab* (2012) 10 SCC 303, which established that the High Court’s power to quash proceedings is distinct from the power of compounding under Section 320.

The Court further applied the principles from *State of M.P. v. Laxmi Narayan* (2019) 5 SCC 688, which held that while quashing is permissible for disputes of a civil or matrimonial nature, it should not be exercised for heinous crimes like murder or rape.

Additional precedents included *K. Bharthi Devi v. State of Telangana* (2024) 10 SCC 384 and *Narinder Singh v. State of Punjab* (2014) 6 SCC 466, confirming that quashing non-compoundable cases based on settlement saves judicial time.

The Court analyzed the statements recorded by the Principal Registrar and found that the compromise between the petitioners and the victim was genuine and voluntary.

Applying the "overwhelmingly civil flavor" test from *Gian Singh* and *Laxmi Narayan*, the Court observed that when parties have resolved their entire dispute and no longer wish to pursue the matter, the conviction becomes remote.

The Court reasoned that since the parties had amicably resolved the issues, the continuation of the prosecution would be a "futile exercise" and a "wasteful exercise by the courts below."

It determined that invoking inherent powers was necessary to prevent the abuse of the process of law.

The Court allowed the MCRC and ordered that FIR bearing Crime No. 95/2023 and all consequential proceedings flowing therefrom against the petitioners stand quashed.

No order as to costs was made.