Non-compoundable criminal proceedings may be quashed upon settlement where justice so requires.

FIR No. 129/2021 was registered against the petitioner under Sections 328, 379 and 506 of the Indian Penal Code, 1860, and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

A chargesheet was filed; charges were framed against the petitioner under Sections 328, 379 and 506 IPC, but not under the POCSO Act.

The petitioner sought quashing of the FIR and related proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relying on a settlement with respondent no. 2.

The parties had executed a settlement deed, with no compensation or monetary transaction, and respondent no. 2 stated that he did not wish to pursue the matter.

The State had no objection to quashing.

1. Whether the High Court could exercise its inherent jurisdiction under Section 528 BNSS to quash the FIR and consequential proceedings on the basis of the parties’ settlement

2. Whether, in the circumstances of this case, quashing the proceedings would secure the ends of justice

Section 528 BNSS, corresponding to Section 482 of the Code of Criminal Procedure, 1973, preserves the High Court’s inherent power to quash criminal proceedings to secure the ends of justice and prevent abuse of process.

Relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court noted that proceedings for non-compoundable offences may be quashed following a settlement where the circumstances justify that result; however, settlement alone will not warrant quashing serious offences affecting public interest. The inquiry is case-specific, with the ends of justice as the ultimate guiding consideration.

The Court considered the parties’ settlement, respondent no. 2’s stated wish not to pursue the matter, the absence of any monetary consideration, and the State’s lack of objection.

Applying the principles in Gian Singh, it concluded on the facts and circumstances before it that quashing was appropriate.

The pending application was also disposed of.