Non-compoundable offences quashed under Section 528 BNSS following amicable settlement of private disputes.

The petitioners sought the quashing of FIR No. 0550/2021 registered at PS Govind Puri under Sections 452, 354, 308, 324, and 34 of the Indian Penal Code (IPC)

The incident occurred on September 18, 2021, arising from an altercation where the accused allegedly assaulted the complainant and his wife following derogatory remarks made against the wife of Petitioner No. 1

Although charges were framed and the trial had commenced, the parties entered into a Memorandum of Settlement (MoU) dated December 6, 2025

The complainant and his wife received a total compensation of Rs. 1,20,000 and expressed their desire to quash the proceedings, stating the settlement was voluntary

1. Whether the High Court, exercising inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, can quash criminal proceedings involving non-compoundable offences such as Section 308 IPC based on a private settlement

2. Whether continuing the criminal proceedings would serve any meaningful purpose given the amicable settlement and the private nature of the dispute

The Court primarily applied Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 482 of the CrPC), which recognizes the High Court's inherent power to quash proceedings to prevent abuse of process or to secure the ends of justice

It relied on the principles established in Gian Singh v. State of Punjab (2012) 10 SCC 303 regarding quashing on the basis of compromise

The Court further applied Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, which allows quashing in non-compoundable cases if the Court is satisfied that the prospect of conviction is remote and bleak due to settlement

Finally, it noted Antonnette Promilla Fernanadez v. State NCT of Delhi, affirming that the power to quash is discretionary and guided by whether the dispute is predominantly private

The Court observed that while the offences (specifically Sections 308 and 354 IPC) are non-compoundable, the dispute originated from a personal scuffle and lacked any broader public interest

The Court verified that the settlement was reached voluntarily, with the complainants receiving full compensation and stating they no longer wished to pursue the prosecution

Referencing recent precedents (e.g., Sheikh Mohd. v. State NCT of Delhi), the Court noted a consistent judicial trend of quashing Section 308 IPC proceedings when parties have reconciled

It reasoned that since the parties had settled, the likelihood of a successful conviction was "remote and bleak," rendering the continuation of the trial a futile exercise of judicial resources

Consequently, FIR No. 0550/2021 and all resulting proceedings were quashed, subject to the petitioners depositing a cost of Rs. 10,000 each with the Delhi High Court Staff Welfare Fund within two weeks

The Court also directed the submission of the original MoU and affidavits to the Trial Court

The petition and pending applications were disposed of accordingly