High Court Quashes Non-Compoundable Section 307 BNS/IPC Proceedings Arising Out of Matrimonial and Family Discord

The High Court was moved under Section 528 of the BNSS (Section 482 CrPC) to quash two cross-FIRs involving members of an extended family related through matrimonial alliances

FIR No. 300/2025 was registered for the circulation of obscene photographs under Section 79 BNS and Section 67 IT Act

FIR No. 204/2025 was registered following a violent altercation during a family *panchayat* intended to resolve the first dispute, involving allegations of physical assault under Sections 109, 110, and 3(5) of the BNS (including attempted murder/Section 307 IPC equivalent)

While the matters were pending, the parties executed two Memoranda of Understanding dated 28.07.2025, resolved all disputes amicably, and the complainants filed affidavits of "no objection" to quash the proceedings

Whether the High Court should exercise its inherent power to quash non-compoundable criminal proceedings, including those involving allegations of attempted murder, based on a voluntary settlement between related parties

Whether the continuation of criminal proceedings in a matrimonial/familial context, where parties have reconciled, serves the ends of justice

The Court primarily applied Section 528 of the BNSS/Section 482 of the CrPC regarding inherent powers to prevent abuse of process and secure the ends of justice

It relied on the landmark principles in *Gian Singh v. State of Punjab*, which established that while serious/heinous crimes cannot be quashed, disputes of a personal, matrimonial, or civil nature may be quashed if a settlement makes conviction unlikely

The Court further applied the specific guidelines for Section 307 IPC (attempt to murder) cases from *Narinder Singh v. State of Punjab*, *State of M.P. v. Laxmi Narayan*, and *Naushey Ali v. State of U.P.*, which permit quashing if the injury is not life-threatening, no firearms were used, and the settlement promotes familial harmony

The Court observed that the disputes were rooted in personal and familial discord between closely related branches of an extended family

Applying the *Narinder Singh* test, the Court noted that the incident occurred during a sudden altercation where tempers flared, no sharp-edged weapons or firearms were used, and the settlement was reached promptly within a few months of the incident

Although the injuries in the cross-FIR were recorded as "grievous," the victim recovered without lasting consequences and expressed a desire for peace

The Court reasoned that since the matrimonial alliances between the families remain intact, continuing the prosecution would only disturb fragile domestic harmony and that the possibility of conviction was "remote and bleak" given the complainants' refusal to support the prosecution

The Court allowed the petitions and quashed FIR No. 300/2025 (P.S. Shahbad Dairy) and FIR No. 204/2025 (P.S. Paschim Vihar), along with all consequential proceedings

Consequently, the related bail applications (BAIL APPLN. 3605/2025, 3613/2025, 3619/2025) were disposed of as infructuous