Can Serious Offences under Section 307 IPC Be Quashed on Compromise Between Parties? — Precedent from the Uttarakhand High Court’s Application of Section 528 BNSS, 2023

LawSikho
October 31, 2025
Category: High Court of Uttarakhand

Uttarakhand High Court allows quashing of proceedings under Section 307 IPC on the basis of compromise among parties despite prosecution opposition, reaffirming the court’s discretion under Section 528 BNSS, 2023; reasserts the principle that settlement of private disputes, even relating to non-compoundable offences, may warrant quashing in the ends of justice. This decision may serve as persuasive authority for similar matters in other jurisdictions.

Summary

Category	Data
Case Name	C528/1729/2025 of KADIR ALI AND ANR Vs STATE OF UTTARAKHAND
CNR	UKHC010152642025
Date of Registration	23-09-2025
Decision Date	29-10-2025
Disposal Nature	ALLOWED
Judgment Author	HON’BLE MR. JUSTICE ALOK KUMAR VERMA
Court	High Court of Uttarakhand
Precedent Value	Persuasive for similar matters involving compromise in non-compoundable offences in other jurisdictions.
Type of Law	Criminal Law; Procedural Law (Section 528 BNSS, 2023)
Questions of Law	Whether proceedings under Section 307 IPC can be quashed upon settlement between parties, despite the offence being non-compoundable and opposition by the State.
Ratio Decidendi	The High Court reaffirmed its discretion to quash criminal proceedings, even for offences like Section 307 IPC, on the strength of a genuine compromise between parties, when it serves the ends of justice. The court considered the voluntary settlement and harmony restored among parties and found that intervention was warranted despite the non-compoundable nature of the charge and State’s opposition. The compounding application and affidavits were accepted as evidence of free will. Consequently, Section 528 of the BNSS, 2023, was invoked to quash ongoing proceedings.
Facts as Summarised by the Court	The applicants and respondents, involved in a dispute resulting in injuries and prosecution under Sections 307, 323, 504, 506, and 147 IPC, voluntarily resolved their differences and jointly sought to quash the criminal trial. The State opposed on grounds of the non-compoundable nature of the main offence.

Practical Impact

Category	Impact
Binding On	Subordinate courts in Uttarakhand.
Persuasive For	Other High Courts, and potentially for the Supreme Court on similar petitions involving private compromise in serious, non-compoundable offences.

What’s New / What Lawyers Should Note

The judgment explicitly affirms the High Court’s discretionary power to quash proceedings under Section 307 IPC, even when the offence is non-compoundable, if a genuine compromise is reached.
The voluntary and harmonious settlement among parties was a decisive factor, overriding State opposition to quashing.
Lawyers can cite this case when seeking quashing in similar matters where the prosecution objects to compromise in non-compoundable offences.
Applies Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in place of previous CrPC provisions.

Summary of Legal Reasoning

The High Court acknowledged the non-compoundable nature of Section 307 IPC and the State’s opposition to quashing.
The applicants and injured parties appeared via video conferencing, confirmed their identification, and attested through affidavits their voluntary and pressure-free settlement.
The court gave primacy to the genuine reconciliation and the restored peaceful relations among the parties.
Exercising its discretion under Section 528 BNSS (2023), the court found that, in the interests of justice, quashing the proceedings was warranted, notwithstanding the technical bar on compounding.
The court’s determination was thus based on the predominance of justice and genuine settlement over procedural constraints.

Arguments by the Parties

Petitioner (Applicants):

The dispute among the parties has been amicably resolved.
All parties are now living peacefully and in harmony.
A compounding application and supporting affidavits filed voluntarily, evidencing free will and absence of coercion.
Requested quashing of the entire criminal proceedings.

Respondents (Injured Parties):

Confirmed the resolution of the private dispute.
Supported the quashing request, stating no objection.

State (Respondent No. 1):

Opposed the quashing application on the ground that Section 307 IPC is non-compoundable.

Factual Background

The case arose from an incident on 26.06.2021 in which the informant and others allegedly suffered injuries from an assault by four accused persons, resulting in an FIR under Sections 307, 323, 504, 506, and 147 IPC. During the pendency of the Sessions Trial, the parties resolved their private dispute amicably and jointly requested the High Court to quash the proceedings. The State objected, citing the non-compoundable nature of the main charge.

Statutory Analysis

The court exercised powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Considered the bar on compounding of offences under substantive provisions (IPC), but interpreted Section 528 BNSS as permitting the court to quash proceedings in the interests of justice, even where compounding is not allowed statutorily.
Did not conduct expansive or narrow statutory interpretation but applied the discretionary principle in light of settlement.

Dissenting / Concurring Opinion Summary

No dissenting or concurring opinions are recorded in the judgment.

Alert Indicators

✔ Precedent Followed – The judgment affirms existing judicial practice regarding quashing on compromise even for non-compoundable offences, applying the new procedural code (BNSS, 2023).