The Uttarakhand High Court has clarified that criminal proceedings in complaint cases may be quashed under Section 528 of the BNSS, 2023, when parties demonstrate an amicable settlement and the dispute is private in nature. The judgment affirms existing discretionary powers for quashing and serves as binding authority within the State, providing practical precedent for future quashing applications in similar fact situations.
Summary
| Category | Data |
|---|---|
| Case Name | C528/1833/2025 of SHAHNAWAJ AND ANR Vs SHABNOOR |
| CNR | UKHC010162742025 |
| 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 |
| Bench | Single Bench |
| Precedent Value | Binding on subordinate courts in Uttarakhand |
| Type of Law | Criminal Procedure Law |
| Questions of Law | Whether criminal proceedings in complaint cases can be quashed under Section 528 BNSS, 2023, on settlement |
| Ratio Decidendi |
The Court clarified that where the dispute is private and parties have fully, voluntarily, and without any coercion settled the matter, quashing of criminal proceedings under Section 528 of the BNSS, 2023 is justified. The Court viewed that such quashing meets the ends of justice. The dispute concerned was between close family members, and both parties were present and identified. Both submitted written compounding applications and affidavits of free will. The Court agreed to quash all related proceedings recognizing the genuineness of the settlement. |
| Facts as Summarised by the Court |
The applicants (brothers-in-law of the respondent) and the respondent amicably resolved their private dispute. Both parties submitted compounding applications and affidavits stating the compromise was voluntary and without pressure. The original complaint was pending before the Judicial Magistrate. One co-accused died during pendency. Respondent prayed for quashing of entire proceedings. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand |
| Persuasive For | Other High Courts; may have persuasive value outside Uttarakhand |
What’s New / What Lawyers Should Note
- Confirms that Section 528 BNSS, 2023 can be invoked to quash criminal proceedings where parties settle private disputes amicably.
- Written applications and affidavits of both parties establishing voluntariness and absence of coercion are material for the court’s satisfaction.
- Lawyers can cite this judgment as binding precedent in Uttarakhand for quashing complaints post-settlement between private parties.
- The presence and identification of all parties before the court strengthens applications for quashing.
Summary of Legal Reasoning
- The court recorded the personal appearance and identification of both applicants and respondent.
- The applicants and respondent submitted a compounding application and affidavits asserting voluntary settlement, absent any pressure.
- The matter being between close relations (brothers-in-law and respondent) was recognized as a private dispute suitable for settlement.
- The court, considering the totality of circumstances and the parties’ wishes, invoked powers under Section 528 BNSS, 2023, holding that justice would be best served by quashing the proceedings.
- The application was accordingly allowed, quashing the pending criminal complaint.
Arguments by the Parties
Petitioner (Applicants):
- Both parties have resolved their private dispute.
- Compounding application and affidavits have been filed, evidencing settlement.
- Requested quashing of all pending criminal proceedings.
Respondent:
- Respondent personally present and represented by counsel.
- Confirmed settlement was of her own free will, without pressure.
- Requested quashing of the entire proceedings.
Factual Background
The applicants, who are the respondent’s brothers-in-law, were accused in Complaint Case No. 3737 of 2017 pending before the Judicial Magistrate, Kashipur. The matter was a private family dispute. During the pendency, co-accused Gulsan Babbar passed away. Parties resolved the dispute amicably and filed compounding applications and affidavits before the High Court, seeking quashing of all proceedings based on their voluntary settlement.
Statutory Analysis
- The court exercised powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Analysed the section’s scope for quashing proceedings when the matter is private and parties voluntarily settle.
- No reference made to other statutory provisions or constitutional articles in the text provided.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
No new procedural guidelines or directions were set out in the judgment.
Alert Indicators
- ✔ Precedent Followed – The decision affirms and applies established discretionary quashing powers where parties settle a private criminal dispute.