Uttarakhand HC Quashes Cheating And Forgery Case Against Accused After Parties Voluntarily Settle Dispute

The applicant sought to quash the charge-sheet dated 30 March 2022, the cognizance and summoning order dated 11 October 2023, and the proceedings in Criminal Case No. 959 of 2023, arising from an FIR alleging offences under Sections 420, 467, 468, 504, 506 and 120-B of the IPC.

The application was based on a settlement with respondent no. 2, who stated that he no longer wished to pursue the criminal proceedings. The parties appeared before the High Court, which found the settlement voluntary and free from coercion or undue influence.

The State opposed the compounding application.

Section 528 of the BNSS preserves the High Court’s inherent jurisdiction to make orders necessary to secure the ends of justice. That jurisdiction is distinct from a criminal court’s power to compound offences under Section 320 of the CrPC, and its exercise depends on the facts and circumstances of the case.

The Court relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303; Narinder Singh v. State of Punjab, (2014) 6 SCC 466; and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, as authorities on quashing criminal proceedings on the basis of a compromise.

The Court considered the nature of the dispute, the allegations, the parties’ settlement, and respondent no. 2’s unequivocal statement that he did not wish to pursue the matter.

Having confirmed that the settlement was voluntary, the Court concluded that continuing the proceedings would serve no useful purpose and that quashing them would secure the ends of justice.

The criminal miscellaneous application and any pending applications were disposed of.