The High Court reiterates that even in cases involving non-compoundable offences (including Section 307 IPC), criminal proceedings may be quashed upon settlement if the facts so warrant and justice would be served. The decision follows established precedent, confirming binding authority for subordinate courts in similar matters involving familial disputes.
Summary
| Category | Data |
|---|---|
| Case Name | C528/1832/2025 of PRAKASH SINGH Vs STATE OF UTTARAKHAND CNR UKHC010162572025 |
| Date of Registration | 13-10-2025 |
| Decision Date | 31-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HON’BLE MR. JUSTICE ALOK KUMAR VERMA |
| Court | High Court of Uttarakhand |
| Precedent Value | Binding on subordinate courts in Uttarakhand |
| Type of Law |
|
| Questions of Law | Whether proceedings in a sessions trial under Sections 307, 452, and 504 IPC can be quashed on the basis of a settlement, although Section 307 is non-compoundable |
| Ratio Decidendi |
The Court held that, considering the totality of circumstances and relationship between parties, the ends of justice would be met by quashing the proceedings, since both sides confirmed settlement through affidavits, without pressure. The request for quashing was opposed on the ground of Section 307 being non-compoundable, but the familial relationship and complete amicable settlement were found sufficient to invoke inherent powers under Section 528 BNSS for quashing. The focus was on actual justice rather than technical bar on compounding. |
| Facts as Summarised by the Court |
The applicant allegedly entered the informant’s room and beat him, causing injury. The applicant and informant are uncle and nephew. Both sides have since reconciled and filed affidavits, stating settlement had been reached willingly, and requested quashing of proceedings. State opposed due to the offence being non-compoundable. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand |
| Persuasive For | Other High Courts and on principle, persuasive before the Supreme Court for similar factual matrices |
What’s New / What Lawyers Should Note
- The judgment reaffirms that even non-compoundable offences like Section 307 IPC can be quashed under Section 528 BNSS when parties have genuinely settled the dispute.
- The existence of a familial relationship and voluntary settlement (proved by presence and affidavits) can weigh in favour of quashing, despite statutory non-compoundability.
- The State’s opposition alone does not preclude quashing when parties support settlement and there is no larger public interest at stake.
- Lawyers can cite this order when seeking quashing of criminal proceedings on grounds of settlement in cases involving serious but personal offences.
Summary of Legal Reasoning
- The Court noted the familial relationship (uncle-nephew) between the accused and informant and that the parties had resolved their differences.
- Both parties, present in Court and identified by their respective counsel, affirmed their settlement willingly, with no pressure or coercion.
- The informant expressly requested quashing of proceedings, while the State objected citing non-compoundability of Section 307 IPC.
- Weighing the totality of circumstances—including the relationship, willingness, and harmonious settlement—the Court exercised its inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The Court found that the ends of justice would be served by quashing the proceedings, notwithstanding the statutory bar to compounding the offence under Section 307 IPC.
Arguments by the Parties
Petitioner
- The applicant and informant are close relatives (uncle and nephew).
- Both parties are now living harmoniously and have settled the dispute.
- Both have submitted affidavits and a compounding application freely and without any pressure.
- Requested quashing of ongoing criminal proceedings.
Respondent No. 2 (Informant)
- Confirmed reconciliation and voluntary settlement.
- Expressly requested quashing of the criminal proceedings.
State (Respondent No. 1)
- Opposed the application on the ground that Section 307 IPC is non-compoundable.
Factual Background
The applicant, the nephew of the informant, was accused of entering the latter’s room on 08.08.2023 and causing him injury. An FIR was lodged under Sections 307, 452, and 504 IPC. Subsequently, both parties—uncle and nephew—reconciled, filed affidavits confirming their voluntary settlement, and sought quashing of the criminal case. The State opposed the quashing due to the non-compoundable nature of Section 307 IPC.
Statutory Analysis
- The Court invoked its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The order clarifies that the technical non-compoundability under Section 307 IPC does not override the Court’s inherent power to quash proceedings in appropriate cases based on settlement.
- No other specific statutory sections were interpreted or “read down” or “read in” beyond acknowledgment of the general bar on compounding under Section 307 IPC.
Alert Indicators
- ✔ Precedent Followed – The Court followed established principle that criminal proceedings in non-compoundable offences may still be quashed by exercising inherent powers, if justice so demands and parties have settled.