Uttarakhand HC Quashes IPC 376 Case After Parties Voluntarily Settle And Say They Won’t Pursue Proceedings

The applicant invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking to quash the charge-sheet, cognizance and summoning order, and criminal proceedings arising from FIR No. 0074 of 2024, registered under Sections 323 and 376 of the Indian Penal Code (IPC).

The applicant and respondent nos. 2 and 3 filed a compounding application supported by affidavits stating that they had amicably settled the dispute; they appeared before the Court and confirmed the settlement.

The State opposed the application.

Section 528 BNSS preserves the High Court’s inherent jurisdiction to make orders necessary to give effect to the BNSS, prevent abuse of the process of any court, or secure the ends of justice.

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. These decisions require the Court, when considering quashing on the basis of a settlement, to assess the nature and gravity of the offences, the circumstances of the dispute, and whether quashing would secure the ends of justice; settlement alone does not automatically justify quashing.

The Court interacted with the parties and found that respondent nos. 2 and 3 maintained their wish not to pursue the proceedings and that the settlement was voluntary, without coercion, pressure, or undue influence.

Applying the cited principles, the Court considered the settlement, the circumstances of the dispute, and the nature of the allegations, and concluded that quashing was warranted in the interests of justice. The judgment does not provide further particulars about the allegations or an offence-specific explanation of how the gravity of the Section 376 IPC allegation affected that assessment.

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