High Court may quash non-compoundable proceedings on genuine compromise where the dispute is private and societal impact negligible.

The petitioners invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 215 dated 23.08.2019, registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station City Tarn Taran, District Tarn Taran, along with all consequential proceedings.

The relief was sought on the basis of a compromise entered into between the petitioners and respondent No. 2.

Pursuant to the Court’s directions, the parties appeared before the Additional Chief Judicial Magistrate, Tarn Taran, and recorded their statements.

The Magistrate’s report dated 15.11.2025 stated that the compromise was genuine, voluntary, amicable, and free from coercion or undue influence, and that the complainant had no objection to quashing of the FIR.

Whether the High Court should exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the FIR and consequential proceedings on the basis of a genuine compromise between the parties.

Whether continuation of the criminal proceedings, concerning offences under Sections 420, 467, 468, 471 and 120-B IPC, would serve any useful purpose when the dispute was private in nature and the complainant had consented to its settlement.

The Court applied Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which preserves the High Court’s inherent power to prevent abuse of the process of law and secure the ends of justice.

Relying on Kulwinder Singh and Others v. State of Punjab, 2007 (3) RCR (Criminal) 1052, the Court held that the High Court may quash proceedings involving non-compoundable offences where such intervention is necessary to prevent abuse of process or secure justice.

It further relied on Gian Singh v. State of Punjab, 2012 (4) RCR (Criminal) 543, which distinguishes the High Court’s inherent power to quash criminal proceedings from the statutory power of compounding under Section 320 CrPC; the inherent power is broad but must be exercised in accordance with the ends-of-justice and abuse-of-process principles.

The Court accepted the Magistrate’s report that the compromise was genuine, voluntary and free from coercion, and that the private respondent had no objection to quashing the FIR.

In applying the governing principles, the Court found that the dispute was personal and private, the petitioners had no criminal antecedents, and the alleged offences did not constitute heinous offences involving serious mental depravity or a substantial impact on society.

It further observed that the settlement did not affect public peace, public policy, morality or the social fabric, and that there was no material indicating that the petitioners were professional or incorrigible offenders.

Since continuation of the prosecution would not advance the administration of criminal justice and rejection of the compromise could perpetuate hostility between the parties, quashing the proceedings was considered necessary to secure the ends of justice.

Accordingly, the petition was allowed, and FIR No. 215 dated 23.08.2019 under Sections 420, 467, 468, 471 and 120-B IPC, registered at Police Station City Tarn Taran, District Tarn Taran, together with all consequential proceedings, was quashed on the basis of the compromise.