Inherent powers under Section 528 BNSS permit quashing criminal proceedings after amicable settlement of private disputes.

The petitioners sought quashing of FIR No. 79/2024 dated 20 February 2024, registered at Police Station Kanjhawala, Delhi, for offences under Sections 323, 325, 452, 506 and 34 IPC under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”).

The FIR alleged that the petitioners assaulted Respondent No. 2 with sticks, rods, hammers and other iron tools in connection with a property dispute, causing dental and other injuries.

The petitioners submitted that the FIR was a cross-case to FIR No. 326/2023 lodged by Petitioner No. 2 and that the parties had subsequently settled their disputes.

A charge-sheet had been filed, and during the proceedings the parties entered into a Mediation Settlement Agreement dated 19 March 2026. Pursuant to the settlement, they resumed living together and agreed to withdraw the pending proceedings.

The parties appeared before the Court, were identified by their counsel and the Investigating Officer, and Respondent No. 2 confirmed that the settlement was voluntary and raised no objection to quashing of the FIR.

1. Whether the High Court should exercise its inherent jurisdiction under Section 528 BNSS to quash FIR No. 79/2024 and the consequential proceedings in view of the parties’ settlement.

2. Whether continuation of the criminal proceedings would serve any useful purpose where the dispute was primarily private in nature and the complainant no longer wished to pursue the allegations.

The Court applied Section 528 of the BNSS, 2023, which preserves the High Court’s inherent powers to make orders necessary to give effect to any order under the BNSS, prevent abuse of the process of the court, or otherwise secure the ends of justice.

The Court further applied the principle that criminal proceedings arising predominantly from a private dispute may be quashed on the basis of a genuine and voluntary settlement where continuation of the prosecution would serve no useful purpose and the dispute does not involve overriding public interest.

The offences alleged were under Sections 323, 325, 452, 506 and 34 IPC.

The Court noted that the parties had amicably resolved their disputes through mediation and had undertaken to comply with the settlement in letter and spirit.

Respondent No. 2 appeared in person, confirmed that the settlement was free from force, fear or coercion, and expressly consented to quashing of the FIR.

Since the allegations arose out of a private property-related dispute, the parties had settled their differences, and the complainant no longer wished to press the charges, the Court found that continuation of the prosecution would serve no useful purpose and that no public interest required its continuation.

The circumstances therefore justified exercise of the inherent jurisdiction under Section 528 BNSS to secure the ends of justice.

FIR No. 79/2024 dated 20 February 2024, registered at Police Station Kanjhawala for offences under Sections 323, 325, 452, 506 and 34 IPC, together with all consequential proceedings, was quashed.

The parties were directed to submit the original affidavits filed before the High Court to the Trial Court within four weeks so that they could form part of the Trial Court record.

The petition and pending applications were accordingly disposed of.