Quashing of Section 110 BNS Proceedings Permissible Upon Amicable Settlement Between Neighbors Involving Simple Injuries

The petitioners and respondent No. 2 (the complainant), who are neighbors, engaged in a physical altercation regarding a blocked drainage pipe.

It was alleged that petitioner No. 1 struck the complainant on the head with an iron rod provided by his son, leading to the registration of FIR No. 0413/2025 under Section 110/3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding to Section 308/34 of the IPC).

Subsequently, the parties entered into a Memorandum of Understanding (MoU) dated 14.04.2026 to settle the matter amicably.

The complainant received ₹50,000 as medical reimbursement and compensation and expressed his desire to restore neighborhood harmony.

Whether the High Court should exercise its inherent powers to quash specialized criminal proceedings on the basis of a settlement between parties in a non-compoundable case involving allegations of attempt to commit culpable homicide.

The court primarily exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 482 CrPC), which allows for the quashing of proceedings to secure the ends of justice.

It relied on the precedent set in Mohd. Rashid & Ors. v. The State (Govt. of NCT of Delhi) & Anr. (2025), which permits quashing of Section 308 IPC proceedings when the nature of the offense is not grave and parties have reached an amicable settlement.

The Court observed that while the FIR alleged an attempt to commit culpable homicide, the Medico-Legal Certificate (MLC) revealed the injuries were "simple" in nature.

The Court noted that the incident arose from a "sudden quarrel" without a clear intention to commit culpable homicide.

Since the parties are neighbors and the complainant entered the settlement voluntarily to maintain peace, the Court reasoned that continuing the prosecution would be futile given the complainant's refusal to support the case.

The Court also secured an undertaking from the petitioners to withdraw cross-complaints filed before the SC/ST Commission to ensure a comprehensive resolution of the dispute.

Consequently, the Court quashed FIR No. 0413/2025 and all consequential proceedings.

The parties were directed to submit the original MoU and affidavits to the concerned Police Station within two weeks.