Uttarakhand HC Quashes Man’s Case After Cross-FIR Scuffle Grievously Injured Both Sides And Parties Settled

The applicant sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, of the charge-sheet, the cognizance/summoning order dated 15 April 2026, and the consequential proceedings arising from FIR No. 207 of 2019.

The case arose from a personal altercation between parties who lodged cross-FIRs and sustained injuries, described as grievous but not dangerous to life.

The parties later entered into a voluntary settlement; the respondents confirmed that they did not wish to pursue the proceedings.

The State opposed quashing on the ground that some alleged offences were non-compoundable.

Section 320 of the Code of Criminal Procedure, 1973 governs statutory compounding and identifies offences that are non-compoundable; however, the High Court’s inherent jurisdiction under Section 528 BNSS is distinct from that power and may be exercised to secure the ends of justice, having regard to the nature and gravity of the allegations, the circumstances of the incident, and the genuineness of the settlement.

Relying 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, the Court stated that proceedings arising from essentially private disputes may be quashed following an amicable settlement where continuation would amount to an abuse of process.

The Court treated the dispute as predominantly personal, noting the cross-FIRs, injuries on both sides, and the parties’ voluntary settlement.

Although some alleged offences were non-compoundable, the Court considered its inherent jurisdiction separately from statutory compounding.

The respondents’ unequivocal confirmation that they did not wish to pursue the case, together with the circumstances of the altercation, led the Court to conclude that continuing the proceedings would serve no useful purpose.

It quashed the charge-sheet, the cognizance/summoning order dated 15 April 2026, and the consequential proceedings in Sessions Trial No. 106 of 2026, qua the applicant, in terms of the parties’ compromise.

Pending applications were disposed of accordingly.