High Court May Quash Non-Heinous Criminal Proceedings Under BNSS Section 528 Following Private Settlement

The Petitioner approached the High Court seeking to quash the FIR and entire criminal proceedings in Hiranpur P.S. Case No. 23 of 2023.

The case was registered under Section 354(D) of the Indian Penal Code (stalking) and Section 67A of the Information Technology Act (publishing sexually explicit material).

While the investigation was pending, an Interlocutory Application was filed stating that the parties had settled their differences outside of court.

The Petitioner is the nephew of the Informant (O.P. No. 2) and the cousin of the Victim (O.P. No. 3), and all parties expressed a desire not to proceed with the case due to their close familial relationship and the victim's social standing as a married woman.

1. Whether the High Court should exercise its inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to quash criminal proceedings involving non-compoundable offences on the basis of a compromise between the parties.

The court exercised its inherent power under Section 528 of the BNSS, 2023 (formerly Section 482 of the Cr.P.C.).

It relied on the guiding principles established by the Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur Others v. State of Gujarat Another (2017), which held that the High Court may quash proceedings in non-heinous, private, or matrimonial disputes if a compromise renders the possibility of conviction remote and continuation of the trial would amount to an abuse of process.

The Court observed that the offences alleged (Section 354(D) IPC and Section 67A IT Act) do not fall under the category of "heinous and serious offences of mental depravity" such as murder or rape, which have a serious impact on society.

The Court characterized the matter as a private family dispute between relatives.

Given the full and voluntary settlement between the offender and the victim—supported by affidavits from the victim and the informant—the Court reasoned that the chances of conviction were "remote and bleak".

Consequently, the Court determined that forcing the parties to continue with the litigation would result in "extreme injustice" and "oppression" to the petitioner.

It held that continuing the proceedings despite a complete settlement would serve no purpose other than to abuse the process of law.

The Court ordered that the FIR and all subsequent criminal proceedings in Hiranpur P.S. Case No. 23 of 2023, pending before the learned A.C.J.M., Pakur, be quashed and set aside.