Can an FIR Be Quashed After a Compromise? Section 528 BNSS Explained

Can an FIR be quashed after a compromise?

It can, and in Delhi it happens every working day. The High Court has an inherent power under Section 528 BNSS to make orders needed to prevent abuse of the process of any court or to secure the ends of justice. The Supreme Court has held that this power extends to quashing an FIR, a chargesheet or a pending trial for a non-compoundable offence where the parties have settled and the dispute is really a private one.

The key word is discretion. A settlement does not give anyone a right to quashing. The court asks whether the offence is the kind that affects only the people involved, or the kind that society has an interest in prosecuting regardless of what the victim now says. A cheating case between two business partners who have squared their accounts sits at one end of that scale. A sexual assault, an attempt to kill with a firearm, or a bank fraud sits at the other.

So the practical answer has two parts. If the offence is compoundable, you may not need the High Court at all, because the trial court can record the compromise. If it is non-compoundable, the High Court is the only route short of trial, and the outcome depends on the nature of the offence, the genuineness of the settlement and the stage the case has reached.

What is Section 528 BNSS, and how is it different from compounding?

Section 528 BNSS preserves the inherent powers of the High Court. It is not a procedure written out step by step; it is a reserve power that courts use to stop proceedings that should not continue. Quashing on settlement is one of its uses. Others include quashing an FIR that discloses no offence at all, or a case that is plainly a civil dispute given a criminal colour.

Compounding is different. Section 359 BNSS (old Section 320 CrPC) contains a table of offences that the law itself allows the victim to settle. Some can be compounded by the victim without the court's permission; others only with the permission of the court where the case is pending. When an offence is compounded, the accused is acquitted. Simple hurt, wrongful restraint, criminal intimidation in its basic form and defamation are typical examples, but always read the current table against the exact sections in your FIR.

Many FIRs mix the two. A typical business FIR might invoke cheating under Section 318 BNS, criminal breach of trust under Section 316 and forgery under Section 336. If even one section is non-compoundable, the trial court cannot close the whole case on compromise, and the High Court route becomes necessary.

Compounding or quashing: which route applies to your case?

The route depends on the sections in the FIR, not on how serious the dispute feels to the parties.

If your FIR is purely compoundable and the chargesheet has not yet been filed, there is a gap: the trial court has nothing before it yet. In that situation people often approach the High Court anyway, or wait for the chargesheet and compound before the magistrate. Which is faster depends on how far the investigation has gone.

The law and the Supreme Court decisions that decide these petitions

Which offences can be quashed on settlement?

Courts regularly quash FIRs arising from money and business disputes: cheating, criminal breach of trust, and related forgery charges where the forged document was used only between the parties. Property quarrels between relatives or neighbours, including criminal trespass and mischief, are commonly quashed. So are minor assaults, fights between neighbours, road-rage incidents with simple injuries, and criminal intimidation arising from a personal dispute.

Matrimonial cases form a large share of quashing petitions in the Delhi High Court. Cruelty under Section 85 BNS (old 498A IPC), criminal breach of trust over stridhan and the Dowry Prohibition Act charges that usually come with them are quashed routinely when the couple have reached a full settlement, often linked to a mutual consent divorce.

Cases involving cheques sometimes appear here too, but a Section 138 complaint under the Negotiable Instruments Act is not an FIR and is compoundable under Section 147 of that Act, so it is usually settled before the trial court. Our post on settling a cheque bounce case at every stage covers that route.

Cyber offences between individuals, such as a dispute over messages or a social media post, can be quashed if the material has been removed and no one else was harmed. Where a cyber offence involves intimate images, children or a fraud on many people, expect the court to refuse.

When will the High Court refuse to quash despite a settlement?

These are the categories where a compromise rarely ends the case. Knowing this early saves a petition that was never going to succeed.

• Murder, dacoity and grave violence. Offences under Section 103 BNS and similar crimes are prosecuted on behalf of society. The victim's family settling does not change that.
• Rape and sexual offences. Courts have consistently refused to quash rape FIRs on the basis of a compromise or even a later marriage between the parties, subject to rare exceptions on unusual facts. POCSO cases are not quashed on settlement.
• Dowry death and abetment of suicide of a married woman. Section 80 BNS and related offences are treated as offences against society.
• Serious economic offences. Bank frauds, frauds on investors or the public, cases under the PMLA or the Companies Act fraud provisions, and offences touching public money. The complainant bank's willingness to settle does not make a public fraud private.
• Corruption by public servants. Offences under the Prevention of Corruption Act are not quashed because a private party withdraws.
• Cases with many victims. If only one of several cheated buyers or depositors settles, the FIR survives for the rest.
• Repeat offenders and organised crime. A history of similar cases, or charges under the organised crime provision in Section 111 BNS, weighs heavily against quashing.

Is an attempt to murder FIR quashable on compromise?

Sometimes. Attempt to murder, now Section 109 BNS (old 307 IPC), is a serious non-compoundable offence, and the High Court will not quash it automatically. But the Supreme Court in Narinder Singh and later in Laxmi Narayan made clear that the court can look behind the label. If the injuries were simple, the weapon was not lethal, the charge seems to have been added to make the FIR heavier, and the parties are relatives or neighbours who have genuinely reconciled, quashing is possible.

Where there is a firearm, a stab wound to a vital organ, grievous injury proved by the MLC and the X-ray report, or a chargesheet that has already been filed with medical evidence, the chance of quashing drops sharply. The court reads the medical papers closely. Bring them, and do not describe the injuries in the petition more mildly than the record does; the State counsel will read the MLC aloud.

Timing matters here more than anywhere else. A settlement in the early months, before witnesses have been examined, is treated very differently from one reached after the injured witness has already deposed against the accused.

Quashing a cruelty or dowry FIR after a divorce settlement

In matrimonial cases the quashing petition is usually one piece of a larger agreement. The couple sign a settlement, often through the mediation centre at the district court or the Delhi High Court Mediation and Conciliation Centre, that covers permanent alimony, return of stridhan, custody, the mutual consent divorce petition and withdrawal or quashing of every case between them. The criminal FIR is quashed by the High Court; the divorce goes before the family court.

The order of steps is where most problems arise. The wife will want the alimony paid before she gives a statement supporting quashing; the husband's family will want the FIR gone before they part with the last instalment. A well drafted settlement splits the payment, ties each instalment to a specific stage (first motion, quashing order, second motion), and says who must appear where. If you are on the husband's side and the settlement has not yet been agreed, our post on facing a cruelty case under Section 85 BNS explains the options before you reach this point.

The court will want to know that the wife's statement is voluntary. She is usually asked in open court, or before the Joint Registrar, whether she has received the agreed amount and whether she is supporting the petition of her own free will.

What should the settlement deed contain?

The settlement deed or memorandum of understanding is the document the High Court reads first. It should name every party correctly, refer to the FIR number, the police station and all the sections, and state in plain words that all disputes connected to that FIR have been resolved. If there are connected cases (a civil suit, a cheque bounce complaint, a counter-FIR, a DV Act case), the deed should deal with each of them by number.

Money terms must be exact: the amount, how it will be paid (demand draft or bank transfer, never cash), and the stage at which each part is due. A vague clause such as "the accused will pay the balance later" invites a fresh dispute. Where the complainant is giving up a property claim or returning articles, list them.

The deed should also record that the complainant will cooperate with the quashing petition, appear before the court when required and file an affidavit of no objection. It is sensible to include what happens if the petition is dismissed or a party withdraws: whether payments are refunded, and whether the other side may revive its claims. Courts do not enforce these terms in the quashing petition itself, but having them in writing helps in any later proceeding.

When Advocate B.K. Singh reviews a settlement before it is signed, the first thing he checks is whether every section in the FIR, including any added later in the chargesheet, is covered by the deed and the prayer. A petition that leaves out an added section can end with the FIR quashed in part and the trial running on the rest.

Documents needed for a quashing petition on compromise

Ask us for the current format of the petition and affidavits; the High Court registry is strict about indexing and page numbering.

How a quashing petition on compromise runs in the Delhi High Court

In Delhi, the petition is filed as a Criminal Miscellaneous Case (CRL.M.C.) in the High Court, usually through e-filing. The broad sequence is the same in most cases.

1. Finalise the settlement

   Sign the settlement deed with all parties, including every accused named in the FIR and the complainant. If mediation produced the settlement, get a certified copy of the agreement from the mediation centre.

2. Draft and file the petition

   The petition sets out the facts, the FIR, the settlement and the legal grounds, and prays for quashing of the FIR and all proceedings arising from it. The complainant is made a respondent along with the State. The complainant's no objection affidavit is annexed.

3. First listing and notice to the State

   At the first hearing the court usually issues notice to the State, represented by the Additional Public Prosecutor, and directs the IO to verify the settlement and to produce the parties for identification on the next date.

4. Appearance and identification

   On the next date the complainant and the accused appear, in person or sometimes by video conferencing, and the IO identifies them. The court or the Joint Registrar records the complainant's statement that the dispute is settled voluntarily.

5. Hearing and order

   The court hears the State's view on whether the offence is suitable for quashing. If satisfied, it quashes the FIR, sometimes subject to costs or conditions. If not, it dismisses the petition, often leaving the parties to raise the settlement before the trial court.

6. Close the loop at the trial court

   File a copy of the quashing order before the magistrate where the case was pending and ask for the file to be consigned. If the accused had furnished bail bonds, apply for their discharge and for release of any documents or property held.

Many quashing petitions on compromise are decided within two or three hearings, but listing dates in the High Court vary and the court may adjourn if the IO has not verified the settlement. Do not plan payments around a fixed date.

Do both parties have to appear before the High Court?

Usually yes, at least once. The court needs to be sure that the person who signed the settlement is the real complainant and that no one has been pressured. The IO's role on that date is simply to identify both sides against the FIR record. In matrimonial cases the court almost always wants the wife present, either in person or on video, before it quashes a cruelty FIR.

If a party lives abroad, the Delhi High Court has permitted appearance through video conferencing in suitable cases, with identity confirmed through the passport and a notarised or apostilled affidavit. Ask for this in the petition itself rather than at the hearing. Elderly or unwell accused persons are often excused from personal appearance if the main accused and the complainant are present.

Can an FIR be quashed after the chargesheet is filed, or during the trial?

Yes. The power under Section 528 BNSS is available at any stage, and the petition then asks for quashing of the FIR, the chargesheet and the proceedings pending before the magistrate. Many quashing petitions are filed after the chargesheet because that is when the accused realise how long a trial will take. If the case has moved on since the FIR, our post on what happens after a chargesheet is filed explains where you stand.

The later the stage, the more the court asks why the settlement came now. If key witnesses have already given evidence, especially an injured witness or the complainant, the court may feel that the prosecution has reached a point where the trial should be completed. That does not bar quashing, but it makes a careful explanation in the petition necessary.

Settlement after conviction is a harder question. Where the offence is compoundable, the appellate court can permit compounding. Where it is not, the High Court has in some private disputes taken the settlement into account while hearing the appeal or revision, but no one should count on this. If a conviction has already been recorded, see our post on choosing between a criminal appeal or revision.

What if the complainant backs out after the money is paid?

This is the risk that worries accused persons most, and it is real. If the complainant refuses to appear or files an affidavit withdrawing consent, the High Court will not quash the FIR on the basis of a settlement that one side no longer supports. The court can still examine whether the FIR deserves quashing on its merits, but that is a different and harder argument.

The protection is in the structure of the payment. Pay in instalments tied to stages, keep the largest instalment for the hearing at which the complainant confirms the settlement, and pay it in court by demand draft. Get a signed receipt for every payment. If the complainant still backs out after receiving money, the settlement deed and the receipts are evidence in any civil claim for refund and can be placed before the trial court when the case continues.

The reverse also happens: an accused who has secured quashing then fails to pay the balance. Courts take this seriously. A party can apply to the High Court to recall the quashing order where it was obtained on an undertaking that was then broken, and the court may restore the FIR. Do not sign a settlement you cannot honour.

How long does FIR quashing take, and what will the court impose?

Where the settlement is complete and the parties are available, a quashing petition in the Delhi High Court often concludes within one to three months of filing. Delays usually come from the IO not verifying the settlement in time, a party not appearing, a missing affidavit, or the State asking for time to examine whether the offence is suitable. In the Allahabad High Court, where the volume is much larger, timelines are less predictable.

The court may impose costs as a condition of quashing, particularly where police time and court time were spent on a case the parties later settled. Costs are sometimes directed to be paid to a legal services authority, an advocates welfare fund or a similar body, and occasionally the court directs some form of community service. These are not punishments in the criminal sense and do not create a record against the accused.

Professional fees for a quashing petition are discussed at the first meeting and agreed in writing. Court fees and the cost of certified copies are separate. In a matrimonial settlement, remember that the divorce petition before the family court is a separate proceeding with its own steps and timing.

FIRs from Noida and Ghaziabad: quashing in the Allahabad High Court

If the FIR was registered by a police station in Gautam Buddh Nagar (Noida and Greater Noida) or Ghaziabad, the quashing petition lies before the Allahabad High Court, not the Delhi High Court, even if the parties live in Delhi. The legal principles are the same, since they come from the Supreme Court.

The practice differs in one useful respect. The Allahabad High Court often directs the parties to appear before the trial court in Surajpur or Ghaziabad so that the compromise is verified there, and then decides the petition on the basis of the trial court's verification report. That adds a step, and it means the parties must be available in the district court on a fixed date. Plan travel accordingly, particularly for family members living outside Uttar Pradesh.

For an FIR registered in Haryana, Gurugram or Faridabad, the Punjab and Haryana High Court at Chandigarh is the court, and its practice on verification is different again. We work with associate counsel where a petition has to be filed outside Delhi and Uttar Pradesh.

Mistakes that sink quashing petitions

• Missing an accused. Every person named in the FIR who wants relief should be a petitioner. A co-accused left out remains exposed to trial.
• Missing a section. If the chargesheet added a section, the petition must deal with it. Quote the chargesheet, not only the FIR.
• Cash payments. Paying in cash leaves no proof and makes the court wonder about the source. Use bank transfers or drafts.
• Settling with only some victims. If an FIR names several complainants or the chargesheet lists several victims, each must be part of the settlement.
• Hiding the medical record. In assault cases, describe the injuries exactly as the MLC records them. The State will.
• Pressure on the complainant. Any sign that the settlement was obtained through threats, especially in a matrimonial case, ends the petition and can lead to bail being cancelled. See when bail can be cancelled.
• Ignoring connected cases. A quashed FIR does not end a DV Act case, a civil suit or a counter-FIR. Deal with each one in the settlement and in the right forum.

Settled your dispute? What to do this week

• Get a copy of the FIR and, if filed, the chargesheet, and list every section and every accused.
• Check each section against the Section 359 BNSS table to see whether the trial court can compound it.
• Put the settlement in writing with exact amounts, dates and payment method, tied to stages of the case.
• Collect identity documents for every party and arrange their availability for the hearing dates.
• Get the complainant's affidavit of no objection signed and notarised.
• If the FIR is in Noida or Ghaziabad, plan for verification before the district court.
• Keep receipts for every payment and copies of every signed page.

Getting the papers checked before you file

A quashing petition is short, but it is unforgiving. A missing party, a section left out, or a settlement deed that does not line up with the payment schedule can turn a straightforward matter into months of adjournments, or a dismissal that sends you back to trial. The time to get the papers right is before the settlement is signed, not after.

If you have settled, or are close to settling, and want an advocate to read the FIR, the chargesheet and the draft settlement together, the team of Advocate B.K. Singh can look at the papers and tell you which court to approach and what the petition needs. You can send details through the online enquiry form, or read more about the firm's criminal practice in Delhi's courts.