High Court Quashes Non-Compoundable BNS Offences Under Inherent Powers Following Voluntary Settlement Between Parties

The petitioners filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking to quash FIR No. 249/2025 registered at Police Station Lahar, District Bhind, for offences under Sections 125 and 3(5) of the Bharatiya Nyaya Sanhita (BNS).

The parties moved an application (I.A. No. 4410/2026) stating the dispute was amicably resolved.

On 05.03.2026, the Principal Registrar verified that the compromise was entered into voluntarily and without coercion.

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.

Whether the continuation of prosecution in the present case would constitute an abuse of the process of law.

The Court primarily applied Section 528 of the BNSS regarding the inherent powers of the High Court to prevent abuse of process and secure the ends of justice.

It relied on the landmark principles established in *Gian Singh v. State of Punjab* (2012) 10 SCC 303, which distinguished between compounding under Section 320 CrPC and quashing under inherent powers.

The Court relied on *Narinder Singh v. State of Punjab* (2014) regarding non-compoundable cases.

The Court further applied the doctrine from *State of M.P. v. Laxmi Narayan* (2019) 5 SCC 688, which permits quashing for offences of a predominantly civil, commercial, or matrimonial nature, provided they are not "heinous and serious" (e.g., murder, rape, dacoity).

Additional principles from *Daxaben v. State of Gujarat* (2022) were cited to emphasize that quashing is permissible where the wrong is private and personal.

The Court observed that the inherent power to quash is wider than the statutory power of compounding and is intended to prevent the futile waste of judicial time when parties have settled their private disputes.

In this instance, the Court examined the report of the Principal Registrar which confirmed a voluntary settlement between the petitioners and the complainant.

By applying the *Laxmi Narayan* test, the Court determined that the nature of the dispute was such that its resolution by compromise would not have a serious adverse impact on society.

The Court reasoned that since the parties had no intention to pursue the matter, the possibility of conviction was remote, and continuing the trial would be a "futile exercise" and an abuse of the process of law.

The petition was allowed, and the Court quashed FIR No. 249/2025 (Police Station Lahar, District Bhind) involving Sections 125 and 3(5) of the BNS, along with all consequential criminal proceedings.

No specific orders as to costs were mentioned.