Non-compoundable criminal proceedings may be quashed on compromise where the dispute is private and conviction is remote.

The petitioners invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking quashing of FIR Crime No. 489/2025 registered at Police Station Kalapipal, District Shajapur, for offences under Sections 115(2), 296, 3(5), 324(4), 351(3), 118(1), and 109(1) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), along with consequential proceedings, on the basis of a compromise between the parties

The Principal Registrar verified the compromise and reported that it had been entered into voluntarily, without threat, inducement, or coercion

The petitioners submitted that Section 109 BNS was non-compoundable, whereas the remaining offences were compoundable, and sought exercise of the Court’s inherent jurisdiction

The complainant supported the compromise and expressed no objection to quashing of the FIR, while the State opposed the petition

It was also submitted that the police had not yet filed the challan

Whether the High Court could exercise its inherent jurisdiction under Section 528 BNSS to quash proceedings involving a non-compoundable offence on the basis of a voluntary compromise between the parties?

Whether, considering the nature of the dispute, the compromise, the stage of the proceedings, and the likelihood of conviction, the FIR and consequential proceedings should be quashed in the interests of justice?

The Court applied Section 528 BNSS, which preserves the High Court’s inherent power to prevent abuse of process and secure the ends of justice.

It relied on Gian Singh v. State of Punjab, Narinder Singh v. State of Punjab, Jagdish Channa v. State of Haryana, Madan Mohan Abbot v. State of Punjab, Shiji v. Radhika, and Ramavtar v. State of Madhya Pradesh, for the principle that criminal proceedings involving non-compoundable offences may be quashed where the dispute is essentially private and the parties have genuinely settled it

Under State of Madhya Pradesh v. Laxmi Narayan, such power may be exercised particularly in disputes having an overwhelmingly civil, commercial, matrimonial, or personal character, but ordinarily not for heinous offences or offences having a serious impact on society

Kapil Gupta v. State of NCT of Delhi further permits examination of whether the serious offence is supported by sufficient material, whether the possibility of conviction is remote, the stage of the proceedings, and whether the settlement is likely to restore harmony between the parties

The Court also referred to Ranjeet Kumar v. State of Himachal Pradesh and Naushey Ali v. State of U.P., which hold that the mere inclusion of a serious penal provision is not conclusive; the Court may examine the nature of the injuries, the weapon used, the body part affected, and the evidentiary basis for the offence

The Court found that the compromise had been independently verified as voluntary and free from coercion, and that the complainant expressly supported quashing of the proceedings

Although Section 109(1) BNS was non-compoundable, the Court held that the statutory bar on compounding did not prevent an exercise of inherent jurisdiction where the dispute was personal in nature and continuation of the prosecution would serve no useful purpose

Applying the principles in Kapil Gupta and Laxmi Narayan, the Court considered that the parties had settled their dispute, resumed good relations, and that continuation of the criminal case could disrupt the restored relationship.

The absence of a filed challan indicated that the matter remained at an initial stage, and the compromise made the possibility of conviction remote and bleak

The Court consequently considered the case appropriate for securing the ends of justice under Section 528 BNSS.

It quashed FIR Crime No. 489/2025 registered at Police Station Kalapipal, District Shajapur, for offences under Sections 115(2), 296, 3(5), 324(4), 351(3), 118(1), and 109(1) BNS, together with all consequential proceedings, insofar as they related to the petitioners, on the basis of the compromise

The petition was accordingly disposed of