The Uttarakhand High Court affirms that, where parties have amicably settled private disputes involving sections 147, 148, 149, 323, and 506 of the Indian Penal Code, the High Court may use its discretion under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash pending criminal proceedings, even if the offences are otherwise non-compoundable. This judgment upholds the principle of prioritizing settlement in private disputes and sets binding authority for subordinate courts in Uttarakhand.
Summary
| Category | Data |
|---|---|
| Case Name | C528/1659/2025 of SEHANWAZ AND ORS Vs STATE OF UTTARAKHAND |
| CNR | UKHC010146312025 |
| Date of Registration | 16-09-2025 |
| Decision Date | 27-10-2025 |
| 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 | Criminal Procedure | Interpretation of Quashing Powers |
| Questions of Law | Whether criminal proceedings for offences under IPC Sections 147, 148, 149, 323, 506 can be quashed on the basis of settlement between the parties under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. |
| Ratio Decidendi | The Court held that where the parties in a case involving private disputes have reconciled and have submitted affidavits and compounding applications of their own free will, the High Court may quash the criminal proceedings, even if the offences are otherwise non-compoundable. The concurrence of the complainants and victims, and the absence of opposition from the state, support quashing. The guiding principle is that settlement can be prioritized for offences not affecting society at large; the ends of justice are met when parties resolve their differences amicably. The Court exercised its discretion under Section 528 B.N.S.S., 2023, and allowed the application. |
| Facts as Summarised by the Court | FIR registered for offences under IPC Sections 147, 148, 149, 323, 506 in a dispute arising from the dumping of cow dung; applicants and respondents, after reconciliation, filed compounding application and affidavits declaring the dispute private and resolved; parties requested quashing, and the State did not oppose. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand |
| Persuasive For | Other High Courts, especially on use of Section 528 BNSS for settlements |
What’s New / What Lawyers Should Note
- Confirms exercise of High Court discretion to quash non-compoundable offences under Section 528 BNSS, 2023, in private disputes when parties have settled.
- Compounding applications and affidavits expressing voluntary settlement are central; the State’s lack of objection supports quashing.
- Lawyers can cite this as authority when seeking quashing in similar factual scenarios involving minor, non-society-impacting offences.
Summary of Legal Reasoning
- The Court noted the private nature of the dispute, the subsequent amicable settlement, and the voluntary, pressure-free filing of affidavits and compounding applications by all parties.
- The injured, informant, and witnesses confirmed resolution and supported quashing proceedings.
- There was no opposition from the State’s counsel, which further indicated that no public interest would be harmed.
- The Court held that in light of the totality of circumstances, including the withdrawal of grievance and continued harmonious relations, the interests of justice would be served by quashing the case.
- Reliance was placed solely on the facts and submissions, applying Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Arguments by the Parties
Petitioner
- The disputes were private in nature and have been fully resolved between the parties.
- All applicants and respondents have filed applications and affidavits declaring their free will and absence of pressure or coercion.
- Requested quashing of all pending proceedings in light of the settlement.
Respondent No. 2 to 4
- Confirmed settlement of disputes.
- Expressed wish that proceedings be quashed and no desire to continue prosecution.
- Affirmed their consent was voluntary and free from external pressure.
State
- Did not oppose the prayer for quashing of proceedings.
Factual Background
A personal dispute arose when the applicants allegedly dumped cow dung outside the residence of the respondent no.4. Following protest, the applicants are alleged to have entered the house and assaulted the informant (respondent no.2), respondent no.3, and respondent no.4. FIR was registered on 29.03.2022 for offences under Sections 147, 148, 149, 323, and 506 of the IPC. During proceedings, the parties settled the matter amicably and filed joint applications requesting quashing before the High Court.
Statutory Analysis
The Court interpreted Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as conferring discretion on the High Court to quash criminal proceedings upon settlement of the parties, even when the offences are statutorily non-compoundable, provided that the dispute is private, and the victims have no further grievance.
Alert Indicators
- ✔ Precedent Followed – The judgment affirms the approach of quashing criminal proceedings in private disputes post-settlement (consistent with earlier judicial trends, now applied under Section 528 BNSS, 2023).