Non-compoundable proceedings may be quashed on voluntary compromise where the dispute is predominantly private.

The petitioners invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash Crime No. 20/2026, registered at Police Station Y.D. Nagar, Mandsaur, under Sections 318(4), 336(3), 338 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and the consequential proceedings

The petitioners and respondent-complainant had entered into a compromise, which the Registrar verified as voluntary and free from threat, inducement or coercion

The complainant did not oppose quashing, while the State objected that Sections 336(3) and 338 were non-compoundable

1. Whether the High Court could exercise its inherent power under Section 528 BNSS to quash the FIR and consequential proceedings for non-compoundable offences on the basis of a voluntary compromise

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

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, confers inherent power to make orders necessary to secure the ends of justice; that power is distinct from statutory compounding and may extend to non-compoundable offences.

Relying on Gian Singh v. State of Punjab, Narinder Singh v. State of Punjab, State of Madhya Pradesh v. Laxmi Narayan, and Ramgopal v. State of Madhya Pradesh, the Court stated that proceedings for non-heinous offences, particularly those predominantly private in nature, may be quashed after considering the nature and seriousness of the offence, its impact on society, the voluntary character of the compromise, and the accused’s conduct

The Court also relied on Kapil Gupta v. State of NCT of Delhi for the relevance of the sufficiency of evidence, the prospect of conviction, the effect of settlement on the parties’ relationship, and the stage of proceedings

The Court treated the dispute as one between parties who had settled their differences and resumed good relations

It accepted the Registrar’s verification that the compromise was voluntary and noted the complainant’s no-objection

Applying the principles in Ramgopal and the other cited authorities, the Court considered quashing appropriate in the circumstances, reasoning that continuation of the proceedings could disrupt the parties’ relationship and that settlement would promote harmony. It therefore found this a fit case to exercise its inherent power despite the State’s objection concerning non-compoundable offences

It quashed Crime No. 20/2026, registered under Sections 318(4), 336(3), 338 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and disposed of the petition.