High Court May Quash Non-Compoundable IPC and SC/ST Act Offences Based on Post-Settlement Remote Conviction Probability

The petitioners were accused in Madhuban P.S. Case No. 53 of 2023 for offenses involving rioting, attempted murder, outraging modesty, and house trespass under Sections 147, 148, 149, 341, 323, 307, 354, 427, 448, and 509 of the IPC, alongside Sections 3(1)(r) and 3(1)(s) of the SC/ST Act.

During the pendency of the investigation, the petitioners and the informant (Opposite Party No. 2) settled their disputes through a compromise facilitated by common friends.

The parties filed Interlocutory Application No. 4932 of 2026 supported by affidavits expressing the informant's desire not to proceed with the case.

The petitioners contended that the dispute was private in nature and that the Section 307 IPC charge was an exaggeration as no sharp weapons or firearms were used.

1. Whether the High Court can exercise its inherent power to quash a criminal proceeding involving non-compoundable offenses, including Section 307 IPC and the SC/ST Act, on the basis of a settlement between parties.

2. Whether the continuation of proceedings in the present case would amount to an abuse of the process of law given the bleak chances of conviction following the compromise.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 482 CrPC), regarding the inherent powers of the High Court to prevent abuse of process.

The principle established in Narinder Singh & Ors. v. State of Punjab & Anr. (2014) that even for Section 307 IPC, the court may quash proceedings if the injury is not serious and the settlement occurs during the investigation stage.

The doctrine derived from Ramawatar v. State of Madhya Pradesh (2022), which permits quashing under the SC/ST Act if the offense is primarily private or civil in nature and not committed purely on the account of the victim's caste.

The Court noted that although the FIR included Section 307 IPC (Attempt to Murder), there were no allegations of using sharp weapons or firearms, and the dispute appeared to be primarily private rather than a heinous crime against society.

The Court observed that the settlement was reached while the investigation was still ongoing, a stage where the High Court is encouraged to be more liberal in accepting compromises to ensure harmony.

Applying the Ramawatar precedent, the Court found that the underlying objectives of the SC/ST Act would not be contravened if the proceedings were quashed, as the dispute was private and no public policy was at stake.

The Court determined that the possibility of conviction was "remote and bleak" and forcing the parties to trial would cause "extreme injustice" and "oppression" to the petitioners.

The Court allowed Cr. M.P. No. 1028 of 2026 and quashed the entire criminal proceeding including the FIR in Madhuban P.S. Case no. 53 of 2023.

Interlocutory Application No. 4932 of 2026 was also disposed of accordingly.