Quashing of Criminal Proceedings Permissible Under BNSS Section 528 Following Amicable Settlement and Joint Compounding Application

The Applicant, Sachin, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking to quash the charge-sheet dated 06.03.2026, the cognizance order dated 07.03.2026, and the entire proceedings of Criminal Case No. 134 of 2026.

The case originated from FIR No. 1411 of 2025, registered under Sections 232, 324(4), 351(2), and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023, at Police Station Laksar, alleging that the Applicant had intimidated Respondent No. 2.

During the pendency of the proceedings, the parties filed a Joint Compounding Application (I.A. No. 01 of 2026), supported by affidavits, stating that they had amicably resolved their private disputes.

Whether the High Court should exercise its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings based on a private settlement between the parties.

The Court exercised its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the successor provision to Section 482 of the CrPC/1973), which empowers the High Court to make such orders as necessary to give effect to any order under the Code, to prevent abuse of the process of any Court, or otherwise to secure the ends of justice.

The Court interacted personally with both the Applicant and Respondent No. 2, who were present in court and identified by their respective counsels.

Respondent No. 2 categorically stated that the dispute was resolved and he had no objection to the quashing of the proceedings.

Despite opposition from the State Counsel regarding the compounding, the Court observed that the matter arose from personal disputes. It reasoned that since the parties had reached an amicable settlement, continuing the criminal trial would serve no useful purpose and would constitute an abuse of the judicial process.

The Court determined that quashing the proceedings was necessary to secure the ends of justice given the "peculiar facts and circumstances" and the stand of the complainant.

The Criminal Miscellaneous Application was disposed of in terms of the settlement to prevent the abuse of the process of law.