Quashing of Section 307 BNS Cross-FIRs Permissible to Restore Harmony in Interconnected Family Disputes

The High Court dealt with two cross-FIRs involving members of an extended family related through multiple matrimonial alliances

The first, FIR No. 300/2025, was registered under Section 79 of the Bharatiya Nyaya Sanhita (BNS) and Section 67 of the IT Act regarding the alleged circulation of intimate photographs of a female complainant

The second, FIR No. 204/2025, was registered under Sections 109, 110, and 3(5) of the BNS (corresponding to Section 307 IPC—Attempt to Murder) following a physical altercation during a panchayat meeting intended to resolve the first dispute, resulting in a head injury to a family member

During proceedings, the parties executed two Memoranda of Understanding (MoUs) dated 28.07.2025, amicably resolving all disputes and seeking quashing of the criminal proceedings

1. Whether the High Court should exercise its inherent power under Section 528 of the BNSS (Section 482 CrPC) to quash non-compoundable criminal proceedings, including an offense under Section 109 BNS (Attempt to Murder), based on a voluntary family settlement

The Court applied Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which preserves the High Court's inherent powers to prevent abuse of process or secure the ends of justice

It relied on the landmark principles in Gian Singh v. State of Punjab, which allow quashing of non-compoundable offenses arising from matrimonial or family disputes where the wrong is basically private and settlement makes conviction unlikely

Regarding the "Attempt to Murder" charge, the Court followed Narinder Singh v. State of Punjab and State of M.P. v. Laxmi Narayan, which establish that Section 307 IPC (now Section 109 BNS) cases can be quashed if the injury is not vital, no firearms were used, and the settlement promotes familial harmony

The Court observed that the disputes were "intrinsically connected" and rooted in personal familial discord rather than a threat to public society

In analyzing the "Attempt to Murder" allegation in FIR No. 204/2025, the Court noted that the incident stemmed from a "sudden altercation" without the use of sharp-edged weapons or firearms

Although the victim suffered a head injury, he confirmed in court that there were no lasting consequences and expressed a desire to maintain family peace

The Court reasoned that since matrimonial ties between the branches remained intact, continuing the prosecution would only disturb harmony and result in a "remote and bleak" possibility of conviction given the victim's refusal to support the prosecution

Consequently, FIR No. 300/2025 (P.S. Shahbad Dairy) and FIR No. 204/2025 (P.S. Paschim Vihar), along with all consequential proceedings, were quashed

The pending bail applications were subsequently disposed of as infructuous