Quashing of cross-cases permissible under Section 528 BNSS to ensure harmony and prevent futile trial

Two cross-FIRs (No. 0753/2022 and No. 0754/2022) were registered on 26.07.2022 at P.S. Manglaur involving residents of the same village following a physical altercation.

In FIR No. 0753, a charge-sheet was filed under IPC Sections 147, 148, 149, 323, 308, 452, 504, and 506.

In FIR No. 0754, a charge-sheet was filed under IPC Sections 147, 148, 149, and 323.

While some offenses were non-compoundable, the parties subsequently settled their disputes and filed compounding applications supported by affidavits from the accused, informants, and victims, stating they now live cordially and wish to terminate the proceedings.

1. Whether the High Court can exercise its inherent powers to quash criminal proceedings involving non-compoundable offenses on the basis of a private settlement between parties.

2. Whether the continuation of trial in the present cross-cases would serve the ends of justice or constitute an abuse of the process of law.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 482 of the CrPC), which grants the High Court inherent powers to quash proceedings to prevent abuse of process or secure the ends of justice.

State of M.P. v. Laxmi Narayan (2019) 5 SCC 688, which established that while heinous crimes (murder, rape) cannot be quashed via compromise, the High Court may quash non-compoundable cases that are predominantly private/civil in nature or where the possibility of conviction is remote due to a settlement, provided the offense does not show extreme mental depravity.

The Court observed that the disputes arose from a localized village incident and that the subsequent FIR was likely a "counterblast" to the first.

Applying the Laxmi Narayan criteria, the Court noted that the injuries sustained were not life-threatening and all alleged offenses carried punishments of less than seven years.

The Court reasoned that since the parties—who are co-villagers—have restored cordial relations and the victims specifically stated they no longer wish to prosecute, the prospect of conviction is "remote and bleak".

Consequently, continuing the trial would be a "futile exercise" and an unnecessary burden on the judicial system.

As a condition for quashing and to promote community welfare, the Court directed the parties to plant 200 trees in their village under the supervision of the Gram Pradhan and the Horticulture Department, pursuant to the notification dated 06.09.2024.