The High Court reaffirmed that proceedings under Section 67 of the Information Technology Act, 2000, though non-compoundable, can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the dispute is resolved amicably and justice will be served; the judgment upholds existing precedent and is binding for courts in Uttarakhand.
Summary
| Category | Data |
|---|---|
| Case Name | C528/1914/2025 of AMAN PANDEY Vs STATE OF UTTARAKHAND |
| CNR | UKHC010168292025 |
| Date of Registration | 17-10-2025 |
| Decision Date | 28-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HON’BLE MR. JUSTICE ALOK KUMAR VERMA |
| Court | High Court of Uttarakhand |
| Precedent Value | Binding within Uttarakhand; persuasive elsewhere |
| Type of Law |
|
| Questions of Law | Whether a non-compoundable offence under Section 67 of the IT Act can be quashed on compromise under Section 528 of BNSS, 2023. |
| Ratio Decidendi |
The Court held that, despite Section 67 of the IT Act being a non-compoundable offence, if the informant and victim no longer wish to prosecute and have entered a voluntary compromise, the High Court has the power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash proceedings in the interest of justice. The parties submitted a compounding application and affidavits specifying no coercion and a genuine settlement. The opposition by the State was not regarded as a bar to quashing. The totality of facts, including the private nature of the dispute resolved by the parties, led the Court to quash the proceedings in favor of justice. |
| Facts as Summarised by the Court |
The informant’s daughter was allegedly harassed by creation of a fake Facebook profile and objectionable messages; charge-sheet was filed against the applicant. During pendency, the complainant and victim submitted affidavits and a compounding application, stating settlement and requesting quashing. The State opposed on the basis that the offence is non-compoundable. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand |
| Persuasive For | Other High Courts, and the Supreme Court |
What’s New / What Lawyers Should Note
- Confirms that High Courts may exercise powers under Section 528 of BNSS, 2023 to quash proceedings for non-compoundable offences when complainant and victim have settled and wish to end prosecution.
- State’s opposition on the ground of non-compoundability does not preclude quashing if justice so requires.
- Lawyers should highlight voluntary settlement and genuine affidavits from all parties to seek quashing.
- Useful precedent for quashing in similar IT Act matters or offences involving private disputes.
Summary of Legal Reasoning
- The Court noted submission of compounding application and individual affidavits by complainant, victim, and accused, asserting voluntary settlement without coercion.
- Though the State objected, citing the non-compoundable nature of the offence, the Court held that statutory non-compoundability is not an absolute bar to the High Court’s power under Section 528 of BNSS, 2023 (analogous to Section 482 of CrPC) to quash proceedings where appropriate.
- The “ends of justice” standard was applied, weighing settlement, absence of pressure, and parties’ desire not to continue with the case.
- Concluded that quashing the proceedings would meet the ends of justice, overriding formal objection of non-compoundability.
Arguments by the Parties
Petitioner:
- Parties have amicably settled the dispute.
- Victim and complainant have no objection to quashing.
- Continuing prosecution would serve no purpose and amount to abuse of process.
State:
- The offence under Section 67 of the IT Act is non-compoundable.
- Quashing should not be permitted solely on the basis of settlement.
Complainant/Victim:
- Both want to withdraw and not pursue the matter.
- Filings and statements made voluntarily and without any pressure.
Factual Background
The informant alleged that her daughter was harassed by an unknown person, who created a fake Facebook profile using her photograph and sent messages. A criminal case was initiated and a charge-sheet filed under Section 67 of the Information Technology Act, 2000 against the applicant. During the proceedings, the complainant, victim, and accused submitted affidavits and a compounding application, stating an amicable settlement and requesting quashing. The State opposed the request, citing non-compoundability.
Statutory Analysis
- Section 67, Information Technology Act, 2000: Provision regarding publishing or transmitting obscene material in electronic form, categorized as non-compoundable.
- Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023: Inherent powers of the High Court (analogous to Section 482 CrPC), allowing quashing of criminal proceedings to prevent abuse of process or secure the ends of justice.
- No expansive or narrow interpretation was expressly indicated, but the inherent power was exercised in light of settlement and justice.
Alert Indicators
- ✔ Precedent Followed – Existing precedent on quashing non-compoundable offences due to private settlement and satisfaction of complainant/victim reaffirmed.