Section 109 BNS proceedings may be quashed after settlement when intent to kill is absent.

The petitioners invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings in Telco P.S. Case No. 24 of 2026, including the FIR, charge-sheet, and order dated 25 April 2026.

The parties jointly informed the Court that there was a case and counter-case arising from the same occurrence, that they had settled their dispute, and that the incident involved a free fight without an intention to kill.

The State had no serious objection to the petition in view of the compromise.

1. Whether the criminal proceedings, including the FIR, charge-sheet, and cognizance-related order, should be quashed in light of the parties’ settlement.

2. Whether the allegation under Section 109 of the Bharatiya Nyaya Sanhita, 2023, and the circumstances of the occurrence warranted continuation of the proceedings despite the settlement.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to exercise its inherent jurisdiction to prevent abuse of the process of court or secure the ends of justice.

Relying on Narinder Singh v. State of Punjab, (2014) 6 SCC 466, particularly paragraph 29, the Court noted that proceedings involving non-compoundable offences may be quashed following settlement where doing so serves the ends of justice or prevents abuse of process; the power must be exercised cautiously, with regard to the nature and societal impact of the offence, the likelihood of conviction, and the stage of proceedings.

The Court also considered whether the offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023, was made out on the facts.

The Court accepted the parties’ joint submission that the dispute had been fully settled and that the occurrence was a free fight without an intention to kill.

It concluded that the offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023, was not made out and that, in view of the compromise, the likelihood of conviction was remote and bleak.

It therefore found that continuing the proceedings would cause prejudice to the petitioners and amount to an abuse of the process of law.

The interlocutory application was consequently disposed of.