Inherent powers may quash non-compoundable offences after settlement where injuries are simple and conviction is unlikely.

The applicants—Tasleem, Nadeem, and Tamrej—were separately prosecuted in proceedings arising from a single FIR dated 12 January 2023, being FIR No. 44 of 2023 registered at Police Station Manglaur, District Haridwar.

They had been summoned to face trial for offences under Sections 353, 307, 504, 506 and 34 of the IPC. The matters were pending as S.T. No. 04 of 2026, S.T. No. 38 of 2023 and S.T. No. 186 of 2026.

The applicants and the complainant/victim, Intasar @ Intzar, were residents of the same village and submitted that the dispute had arisen over a petty matter and had subsequently been amicably settled.

The complainant appeared through video-conferencing, was identified by counsel, confirmed the settlement, and expressed his unwillingness to continue the proceedings.

The applicants accordingly filed separate petitions under Section 528 of the BNSS, 2023, along with applications for compounding supported by the complainant’s affidavit.

1. Whether the High Court should exercise its inherent jurisdiction under Section 528 of the BNSS, 2023, to quash the criminal proceedings arising from the settlement between the accused and the complainant.

2. Whether proceedings involving offences under Sections 353 and 307 of the IPC, which are not ordinarily compoundable, could nevertheless be terminated in view of the simple nature of the injuries, the petty character of the dispute, and the parties’ voluntary settlement.

The Court applied Section 528 of the BNSS, 2023, which preserves the High Court’s inherent power to pass orders necessary to secure the ends of justice or prevent abuse of the process of court.

It considered the statutory offences under Sections 353, 307, 504, 506 and 34 of the IPC, observing that Sections 353 and 307 are not ordinarily compoundable.

The Court nevertheless applied the principle that criminal proceedings may be quashed in appropriate cases where the dispute is essentially private or petty, the parties have genuinely settled the matter, the injuries are simple, the complainant does not wish to pursue the prosecution, and continuation of the proceedings would serve no useful purpose because the likelihood of conviction is remote.

The Court verified the settlement directly through the complainant’s appearance by video-conferencing and his identification by counsel.

It noted that the parties belonged to the same village, had restored cordial relations, and that the complainant no longer wished to proceed with the trials.

The medical and factual circumstances showed that the injuries were simple and that the dispute was petty in nature.

Although Sections 353 and 307 of the IPC were not ordinarily compoundable, the Court considered that the circumstances justified termination of the proceedings through its inherent jurisdiction under Section 528 of the BNSS.

Since continuation of the trials would be futile and the chances of conviction were very remote, the Court accepted the settlement and found it appropriate to quash the proceedings.

It quashed the pending proceedings in S.T. No. 04 of 2026, S.T. No. 38 of 2023 and S.T. No. 186 of 2026, all arising from FIR No. 44 of 2023 registered at Police Station Manglaur, District Haridwar.