The High Court holds that under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, criminal proceedings—including in non-compoundable offences—may be quashed on the basis of genuine compromise between the parties, provided the crime’s nature is private and not serious or impacting society at large. This judgment follows and applies precedent set by the Supreme Court (Gian Singh, Narinder Singh) and previous benches of this Court, serving as binding authority within this jurisdiction, especially in matters involving private disputes settled amicably.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/47700/2025 of DIXIT KUMAR Vs STATE OF PUNJAB AND ANOTHER |
| CNR | PHHC011374062025 |
| Date of Registration | 27-08-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE NAMIT KUMAR |
| Court | High Court of Punjab and Haryana |
| Bench | Single Judge Bench (Mr. Justice Namit Kumar) |
| Precedent Value | Binding within the jurisdiction of the Punjab and Haryana High Court |
| Overrules / Affirms |
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| Type of Law |
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| Questions of Law | Whether criminal proceedings can be quashed under Section 528 of BNSS, 2023, on the basis of compromise, including for non-compoundable offences, when the matter is essentially private in nature. |
| Ratio Decidendi |
The inherent power of the High Court to quash criminal proceedings or FIR is distinct from statutory powers of compounding offences. The Court’s discretionary power may be exercised to secure the ends of justice or prevent abuse of judicial process, particularly where the dispute is private, of civil flavour, and the parties have genuinely settled. However, for serious offences or those impacting society (e.g., murder, rape), such quashing is impermissible. The Court verified the genuineness of compromise and, finding it voluntary, quashed the FIR. |
| Judgments Relied Upon |
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| Logic / Jurisprudence / Authorities Relied Upon by the Court |
Differentiation between the Court’s inherent power to quash under Section 528 (BNSS)/Section 482 (CrPC) and statutory compounding powers; requirement to examine the nature and gravity of the offence and genuineness of settlement; adoption of guidelines from Gian Singh and follow-up Supreme Court decisions; emphasis on peace and harmony in private disputes. |
| Facts as Summarised by the Court |
Petitioner sought quashing of FIR No.55 dated 16.06.2025 registered under Sections 85, 316(2) of Bharatiya Nyaya Sanhita, 2023 at Women Police Station, Jalandhar, based on compromise dated 12.08.2025. The trial Court was directed to verify the voluntariness and genuineness of the compromise, which was found to be free of coercion. Both parties desired quashing and decided to maintain harmony and peace going forward. The FIR and all proceedings against the petitioner were quashed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Punjab and Haryana High Court |
| Persuasive For | Other High Courts and courts interpreting Section 528 of BNSS or similar inherent powers under new criminal law statutes |
| Follows |
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What’s New / What Lawyers Should Note
- The judgment is one of the first to affirm and apply established principles of quashing FIRs on compromise under Section 528 of BNSS, 2023, the new criminal procedure statute, confirming continuity with prior jurisprudence under Section 482 CrPC.
- Reiterates that genuine private settlements—even for non-compoundable offences—may permit quashing if the offence is not heinous or of social impact.
- Formal recording of compromise and judicial scrutiny remain essential; mere settlement is not sufficient without court validation of voluntariness and absence of coercion.
Summary of Legal Reasoning
- The Court records that both parties amicably settled their dispute and sought quashing of the proceedings.
- It first directed the trial court to verify the voluntariness and genuineness of the compromise, which was found to be free of undue influence.
- The judgment relies substantially on the Full Bench ruling in Kulwinder Singh and the Division Bench ruling in Sube Singh, both permitting quashing in appropriate cases even for non-compoundable offences.
- The Supreme Court’s judgment in Gian Singh is quoted extensively: it delineates that inherent powers under Section 528 BNSS (previously Section 482 CrPC) are distinct from the power to compound under Section 320 CrPC, and may be exercised to serve the ends of justice for cases with predominantly civil or private character.
- The Court further applies the Supreme Court’s reaffirmation in Narinder Singh that assessment of the nature and gravity of the offence is necessary—quashing is not permitted for heinous crimes or those affecting society at large.
- Upon establishing that the present case is a private dispute and the parties have decided to maintain peace, the Court exercised inherent jurisdiction to quash FIR and subsequent proceedings.
Arguments by the Parties
Petitioner
- Requested quashing of FIR based on genuine and voluntary compromise.
- Submitted that the matter is private and both parties desire to avoid further litigation.
Respondent No. 2
- Supported the petitioner’s request for quashing.
- Confirmed the genuineness and voluntary nature of compromise; both parties wish to maintain future harmony.
State
- No recorded opposition to the compromise or request for quashing in the judgment.
Factual Background
An FIR (No. 55 dated 16.06.2025) was registered at Women Police Station, Jalandhar, under Sections 85 and 316(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner and the complainant subsequently entered into a compromise on 12.08.2025. On directions of the High Court, the trial court verified that the compromise was genuine, voluntary, and without coercion. Both parties requested quashing of the FIR, intending to resolve the matter amicably and maintain harmony.
Statutory Analysis
The Court invoked and interpreted Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS), the new procedural statute replacing the Code of Criminal Procedure. Section 528 embodies the inherent powers of the High Court (akin to Section 482 CrPC), authorizing quashing of FIRs and criminal proceedings to secure justice or prevent abuse of court process. The Court clarified that such power is distinct from the statutory power to compound offences and should be exercised with caution, especially in disputes of private nature after verifying the genuineness of compromise.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
- The judgment exemplifies the procedural safeguard of judicially verifying the voluntariness and genuineness of compromise before quashing criminal proceedings, as directed to the trial court.
- Application of inherent powers under Section 528 BNSS in the context of the new criminal procedural regime is reaffirmed.
Alert Indicators
- ✔ Precedent Followed – The Court affirms and applies established precedent, aligning new procedural law (BNSS) with earlier Supreme Court and High Court authority on quashing criminal proceedings based on compromise.