Inherent Powers Under Section 528 BNSS Permit Quashing of FIR for Non-Compoundable Offences Based on Bona Fide Settlement

The seventeen petitioners moved the High Court to quash Gomia P.S. Case No. 10 of 2023 (SC/ST Case No. 9 of 2023) involving offences under Sections 147, 148, 149, 323, 325, 307, 427, 452, and 509 of the IPC and Section 3(1)(s) of the SC/ST Act.

The incident originated from a scuffle during a Saraswati idol immersion, which led to cross-FIRs (Gomia P.S. Case Nos. 09 and 10 of 2023).

During the pendency of the investigation, the petitioners (excluding Petitioner No. 17, who withdrew his prayer) and the informant reached an out-of-court settlement facilitated by village elders.

An Interlocutory Application (I.A. No. 6261 of 2026) was filed to record the compromise.

1. Whether the High Court can exercise its inherent powers to quash criminal proceedings involving non-compoundable and serious offences like Section 307 IPC based on a private settlement between parties.

2. Whether the continuation of the criminal proceeding against Petitioner Nos. 1 to 16 would amount to an abuse of the process of law in light of the compromise.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 Cr.P.C.) regarding the inherent powers of the High Court to prevent abuse of process and secure the ends of justice.

Narinder Singh and Others v. State of Punjab & Another (2014) 6 SCC 466: The Court must examine if the charge is merely "for the sake of it" by assessing the nature of injuries and the timing of the settlement—specifically noting that the Court should be more liberal when the settlement is reached during the investigation stage before a charge sheet is filed.

The Court observed that Petitioner No. 17 did not press the prayer for quashing, so the focus remained on Petitioner Nos. 1 to 16.

Although Section 307 IPC (Attempt to Murder) and the SC/ST Act were invoked, the Court analyzed the "genesis of the occurrence" as a local scuffle over a religious immersion rather than a premeditated heinous crime.

Applying the Narinder Singh guidelines, the Court noted that the investigation was still ongoing and no charge sheet had been submitted, making it a fit case for a "liberal" approach toward settlement.

The Court determined that the inclusion of Section 307 IPC appeared to be an exaggeration and was not substantively made out by the facts.

Given the compromise, the Court reasoned that the chance of conviction was "remote and bleak" and forcing the parties to trial would result in extreme injustice and disharmony.

The Court quashed and set aside the FIR (Gomia P.S. Case No. 10 of 2023) specifically regarding Petitioner Nos. 1 to 16. The prayer for Petitioner No. 17 was rejected as not pressed. All pending interlocutory applications were disposed of accordingly.