Jharkhand HC Quashes Criminal Case Against Two Men After They Settle Misunderstanding With Complainant

In brief

The question

1. Whether the High Court should exercise its inherent jurisdiction under Section 528 BNSS to quash the criminal proceedings on the basis of the parties’ compromise.

The court held

The High Court allowed the petition and quashed, as against the petitioners, the entire criminal proceedings in Chandwa P.S. Case No. 207 of 2025, including the cognizance order dated 9 January 2026 and charge sheet dated 17 December 2025.

It also directed

The interlocutory application seeking to place the compromise on record was disposed of.

01Facts

The petitioners invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings in Chandwa P.S. Case No. 207 of 2025, including the cognizance order dated 9 January 2026 and charge sheet dated 17 December 2025, for offences under Sections 126(2), 115(2), 117(2), 351(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶ 2

During the proceedings, the petitioners and the informant settled their dispute, which they described as arising from a misunderstanding; the informant no longer wished to pursue the case.

¶ 3

The State raised no serious objection to quashing.

¶ 4

02Issues

i.1. Whether the High Court should exercise its inherent jurisdiction under Section 528 BNSS to quash the criminal proceedings on the basis of the parties’ compromise.

¶ 2, 3, 7

ii.2. Whether the nature of the alleged offences and the circumstances of the settlement justified quashing the proceedings in the interests of justice.

¶ 5, 6, 7

03Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the High Court’s inherent power to prevent abuse of the process of any court or otherwise secure the ends of justice.

¶ 2

Applying the principles in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur v. State of Gujarat, (2017) 9 SCC 641, which draws on Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court noted that this power is distinct from statutory compounding and may be exercised in appropriate cases where the dispute is private or personal, the parties have settled it, and the prospect of conviction is remote.

¶ 5

The Court must consider the nature and gravity of the offence; heinous or serious offences and offences with significant public impact are generally not quashed merely because of a compromise.

¶ 5

Provisions in the judgment · 9 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Bharatiya Nyaya Sanhita, 2023 Section 126 Section 115 Section 117 Section 351 Section 352 Section 3

Code of Criminal Procedure, 1973 Section 482 Section 320

04Reasoning

The Court found that the offences were neither heinous nor indicative of serious mental depravity and that the criminal case arose from a misunderstanding that the parties had amicably resolved.

¶ 6

In light of the settlement, the informant’s wish not to proceed, and the State’s lack of serious objection, the Court concluded that continuing the proceedings would cause hardship to the petitioners and that the case was fit for quashing under the principles stated in Parbatbhai Aahir.

¶ 3–7