Can Criminal Proceedings for Offences Under Sections 279 and 338 IPC Be Quashed Upon Settlement Under Section 528 of BNSS, 2023?

The Uttarakhand High Court confirms that criminal proceedings under Sections 279 and 338 IPC can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when parties settle privately and the victim supports quashing. The judgment upholds existing precedent and provides binding authority for subordinate courts within Uttarakhand in motor vehicle mishap and similar non-heinous offence cases.

Summary

Practical Impact

What’s New / What Lawyers Should Note

• The Court expressly applies Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing criminal proceedings on compromise in non-heinous, compoundable-type offences.
• Voluntary settlement by the victim, confirmed through affidavits and personal appearance (including via video conferencing), weighed heavily in favour of quashing.
• The State’s acknowledgment that the dispute is private further eases the pathway for compromise quashing in traffic or accidental injury cases.
• Lawyers can rely on this order to cite the new BNSS provision (Section 528) as a direct statutory basis for compromise quashing, mirroring pre-BNSS Section 482 CrPC jurisprudence for similar non-serious IPC sections.

Summary of Legal Reasoning

• The Court observed that both the accused and the injured victim have voluntarily entered into a settlement, as supported by their affidavits and a joint Compounding Application.
• The victim, present via video conferencing and identified by her advocate, expressly supported the quashing of proceedings.
• The State did not oppose the application, noting that it was a private dispute between the parties.
• Considering these facts, the Court held that quashing the criminal proceedings under Sections 279 and 338 IPC would serve the ends of justice.
• The Court thus exercised its discretionary powers under Section 528 of the BNSS, 2023, quashing proceedings in light of the amicable settlement and absence of societal interest in prosecution for these offences.

Arguments by the Parties

Petitioner

• The dispute with the victim was private in nature and has been amicably settled.
• Both parties have freely entered into a compounding application, backed by affidavits, with no pressure or coercion.
• The victim herself supports the quashing of the proceedings.

Respondent (State)

• The applicant and the respondent victim have settled their private disputes.

Respondent No. 2 (Victim)

• The dispute with the applicant has been settled voluntarily.
• Requests the Court to quash the entire proceedings.

Factual Background

The criminal case arose from an incident in which the applicant was prosecuted under Sections 279 and 338 of the Indian Penal Code. Both parties reached a voluntary settlement and filed affidavits, along with a Compounding Application, indicating there was no remaining dispute. The victim appeared before the Court via video conferencing and supported the application for quashing, which was neither opposed by the State nor alleged to affect public interest.

Statutory Analysis

• Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023: The Court exercised powers under this section to quash the entire proceedings, indicating its equivalency to the CrPC’s Section 482 for the purposes of compromise quashing in non-serious, private disputes.
• Sections 279 and 338 of the IPC: The proceedings were under these sections, which relate to rash driving and causing grievous hurt by act endangering life or personal safety.

Procedural Innovations

• The Court accepted and acted upon affidavits and a compounding application, with the victim’s appearance and statements made via video conferencing, confirming procedural flexibility for remote appearances in compromise quashing matters.

Alert Indicators

• ✔ Precedent Followed – Existing compromise-based quashing under inherent jurisdiction is applied to Section 528 BNSS, 2023.

Citations

• 2025:UHC:7729