The Uttarakhand High Court has held that, despite certain offences being non-compoundable under the Bharatiya Nyaya Sanhita, 2023, the Court retains discretion to quash criminal proceedings if an amicable settlement is achieved and the facts warrant such intervention. This judgment reaffirms existing precedent on quashing of non-compoundable offences upon settlement, providing binding authority for subordinate courts in Uttarakhand, especially in cases involving private disputes between individuals.
Summary
| Category | Data |
|---|---|
| Case Name | WPCRL/1233/2025 of DIVYANSH KUMAR CHAUDHARY AND ORS Vs STATE OF UTTARAKHAND |
| CNR | UKHC010160172025 |
| Date of Registration | 09-10-2025 |
| Decision Date | 15-10-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | HON’BLE MR. JUSTICE ASHISH NAITHANI |
| Court | High Court of Uttarakhand |
| Precedent Value | Binding on subordinate courts in Uttarakhand |
| Type of Law | Criminal Law / Quashing of FIR / Compounding offences (Bharatiya Nyaya Sanhita, 2023) |
| Questions of Law | Whether non-compoundable offences under the BNS can be quashed under writ jurisdiction upon settlement |
| Ratio Decidendi |
The Court held that, even where offences are non-compoundable under the BNS (such as those corresponding to IPC Sections 324 and 326), it retains discretion to quash proceedings if a genuine, voluntary settlement has been reached and the facts justify quashing. The decision is particularly appropriate when the dispute arises from a personal or private incident, and the complainant agrees to settlement. The Court’s satisfaction after verifying the voluntariness and genuineness of the compromise is crucial. The judgment reiterates the primary concern is the justice of each particular case. |
| Facts as Summarised by the Court |
The dispute arose from a scuffle between college students, resulting in FIR No. 0349 of 2025 under Sections 115(2), 190, 191(2), 191(3) of the BNS, 2023 (Section 109(1) added later) at PS Gangnehar, District Haridwar. At the hearing, all parties and their counsel appeared, confirming an amicable settlement. The State contested compounding due to the non-compoundable nature, but the Court was satisfied after interacting with all parties that the compromise was genuine, voluntary, and without coercion. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate criminal courts in Uttarakhand |
| Persuasive For | Other High Courts and potentially the Supreme Court, particularly re: BNS quashing matters |
What’s New / What Lawyers Should Note
- The Court clarified that offences under the Bharatiya Nyaya Sanhita, 2023 corresponding to former IPC Sections 324 and 326 (now BNS 190, 191(2), 191(3)), though non-compoundable, may still be quashed under Article 226 if a genuine settlement is reached.
- Voluntariness and genuineness of the compromise are pivotal factors for allowing such applications.
- State opposition alone does not preclude quashing where parties have resolved the dispute and the justice of the situation merits it.
- Effective precedent for lawyers dealing with cases relating to BNS-compoundability queries and private settlements.
Summary of Legal Reasoning
- The Court noted that although certain offences invoked in the FIR (BNS Sections 190, 191(2), 191(3), corresponding with IPC 324 and 326) are non-compoundable, the writ jurisdiction under Article 226 empowers the Court to quash proceedings in appropriate circumstances.
- The core reasoning was that the present dispute emanated from a scuffle among college students—a private inter se incident—rather than a crime impacting society at large.
- The Court directly interacted with all parties, ensured voluntariness, and confirmed the absence of coercion or undue influence.
- The State’s objection, grounded on non-compoundability, was found not decisive since the factual context justified judicial intervention in the interest of justice.
- Upon satisfaction that compromise is genuine, the Court allowed the compounding application and quashed the FIR as it pertained to the petitioners.
Arguments by the Parties
Petitioner
- The dispute was essentially a personal altercation between college students.
- All parties have mutually reconciled and entered into a voluntary compromise.
- The continuance of criminal proceedings would serve no purpose after settlement.
State
- Opposed the compounding application as the alleged offences under BNS Sections 190 and 191(2)/(3) are non-compoundable (corresponding to IPC 324 and 326).
Respondents (Nos. 3 and 4)
- Supported the petitioner’s position.
- Confirmed that the dispute has been settled amicably and voluntarily.
Factual Background
The case concerned a scuffle between college students in Haridwar, leading to registration of FIR No. 0349 of 2025 against the petitioners under Sections 115(2), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023 (with Section 109(1) added subsequently). During the pendency of proceedings, both sides reached an amicable settlement, prompting an application to compound the offences. All involved parties and counsels appeared before the Court, affirming the voluntary nature of the compromise.
Statutory Analysis
- The Court discussed offences under Sections 190 and 191(2)/(3) of the Bharatiya Nyaya Sanhita, 2023, noting that these are non-compoundable and correspond to former IPC Sections 324 and 326.
- The Court exercised its jurisdiction under Article 226 of the Constitution to quash proceedings, notwithstanding the non-compoundable nature, upon satisfaction about the genuineness of settlement.
- No expansive or narrow statutory interpretation was outlined; the focus remained on judicial discretion in quashing where justice so requires.
Dissenting / Concurring Opinion Summary
No dissenting or separate concurring opinions were recorded.
Procedural Innovations
No new procedural steps or guidelines were issued in this judgment.
Alert Indicators
- ✔ Precedent Followed – Existing precedent that courts may quash non-compoundable offences on settlement was reaffirmed in context of the Bharatiya Nyaya Sanhita, 2023.