MP HC Quashes Non-Compoundable BNS Theft, Housebreaking FIR Against Two Accused After Complainant-Accused Compromise

In brief

The question

Whether the High Court could exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR and consequential proceedings for non-compoundable offences on the basis of a verified compromise.

The court held

The Court allowed the petition and quashed the FIR dated 4 July 2025 in Crime No. 720/2025, registered for offences under Sections 305(a) and 331(3) of the BNS, together with all consequential proceedings, on the basis of the compromise, so far as they related to the petitioners.

It also directed

The petition was disposed of accordingly.

01Facts

The petitioners sought to quash the FIR registered at Crime No. 720/2025, Police Station Chandan Nagar, Indore, for offences under Sections 305(a) and 331(3) of the Bharatiya Nyaya Sanhita, 2023, on the basis of a compromise.

¶ 1

The parties submitted that they had settled the dispute; the Principal Registrar verified the compromise and reported that it was entered into voluntarily, without threat, inducement or coercion.

¶ 2 · ¶ 5

The complainant did not oppose quashing, while the State opposed the petition.

¶ 3–4

02Issues

i.Whether the High Court could exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR and consequential proceedings for non-compoundable offences on the basis of a verified compromise.

¶ 1–2, 6–10

ii.Whether, considering the settlement and the circumstances of the case, quashing the proceedings would serve the interests of justice.

¶ 10

03Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the High Court to quash criminal proceedings to secure the ends of justice, including in appropriate cases involving non-compoundable offences.

¶ 1, 10

Relying on Gian Singh v. State of Punjab, Narinder Singh v. State of Punjab, Ramavtar v. State of M.P. and other cited authorities, the Court stated that proceedings may be quashed following a compromise where the circumstances justify that course.

¶ 6

It also applied the principles in State of M.P. v. Laxmi Narayan: compromise-based quashing may be appropriate for disputes with a predominantly private character, but ordinarily not for heinous or serious offences, or offences under special statutes and involving public servants acting in that capacity.

¶ 8

The Court further relied on Kapil Gupta v. State of NCT of Delhi for the relevance of the evidentiary prospects, the effect of settlement on the parties’ relationship and the stage of proceedings.

¶ 7

Provisions in the judgment · 6 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Bharatiya Nyaya Sanhita, 2023 Section 305 Section 331

Indian Penal Code, 1860 Section 376

Code of Criminal Procedure, 1973 Section 482 Section 320

04Reasoning

The Court treated the Registrar’s report as confirming that the compromise was voluntary and found that the complainant supported quashing, despite the State’s opposition.

¶ 3–5

Applying the compromise-quashing principles, it considered the dispute to be between the parties, noted that they had settled and resumed good relations, and concluded that the possibility of conviction was remote and bleak in light of the settlement.

¶ 10

It therefore found quashing appropriate in the interests of justice and to preserve the parties’ harmony.

¶ 10