Where the parties to a criminal case have settled their dispute, they can ask the High Court to quash the first information report and the proceedings against the accused. The power is exercised under Section 528 BNSS 2023 (formerly Section 482 CrPC), which preserves the inherent power of the High Court to prevent abuse of the process of any court and to secure the ends of justice. A settlement does not automatically end a criminal case; it is the ground on which the court is asked to quash it.
When this matters
This applies where an FIR is registered over a dispute that is essentially private — a family quarrel, a land or money dispute, a business disagreement — and the parties have since compromised. It matters most when the accused faces the burden and stigma of a trial that the complainant no longer wants to pursue. The complainant, too, may file or support the petition, because a settlement that is not placed before the court leaves the case alive and a fresh complaint possible.
A petition of this kind is handled through our FIR quashing service, working alongside the criminal law team where a trial has already begun.
Which disputes a compromise can end
- Purely private disputes. Where the wrong is essentially against an individual and not against society at large, a genuine settlement is a strong ground for quashing.
- Matrimonial matters. Complaints arising from a marriage dispute — cruelty, dowry-related allegations, or complaints between spouses and in-laws — are frequently quashed once the parties have settled, sometimes with a divorce by mutual consent.
- Commercial and money disputes. Where cheating or criminal breach of trust is alleged in a purely commercial context, and the parties have settled the accounts, courts may quash on terms that ensure the settlement is honoured.
- Offences that can be compounded. Where the law allows composition, the case can end by compounding with the court's permission; quashing is then often a cleaner route to close the record.
- Offences that cannot be compounded. Serious offences — those involving grave injury to society, offences against the State, sexual offences and other heinous crimes — are not quashed on a private settlement. The court will not let parties privately bury an offence that concerns the public.
How the settlement is documented
A settlement on paper is what the court reads. Keep the terms in writing, in clear language, signed by every party, and, ideally, supported by a deed or a memorandum of settlement. Record what each side will do — the amount paid, the property dealt with, the withdrawal of other complaints — and state that no coercion or pressure was used. Where money changes hands, keep the payment proof: bank transfer records or a receipt signed by the recipient. A settlement that is vague about its terms invites a dispute later and weakens the quashing petition.
The petition and the parties' affidavits
- The quashing petition under Section 528 BNSS 2023, setting out the FIR, the offence alleged, the settlement, and the ground for quashing.
- An affidavit of the accused, and a supporting affidavit or no-objection from the complainant, each stating that the dispute is settled and the complainant has no objection to quashing.
- A copy of the FIR, the chargesheet if filed, and any interim orders.
- The settlement deed or memorandum, with the payment proof.
- Where the complainant personally appears, the court records the statement that the settlement is voluntary.
The court's discretion is the heart of the matter. It weighs the nature of the offence, the genuineness of the settlement, whether the wrong was primarily against the individual, and whether quashing would secure the ends of justice. A settlement is persuasive, not automatic; the court can impose conditions, ask for the complainant's presence, or refuse where the offence is too grave.
When the police have not filed a final report
A quashing petition does not depend on a chargesheet. If the investigation is still open, the petition seeks quashing of the FIR itself, and the High Court can direct that the investigation be kept in abeyance or closed while it hears the matter. That protection matters: without it, the police may continue to investigate and even arrest while the petition is pending. Where a chargesheet has already been filed, the petition also seeks quashing of the proceedings before the magistrate.
Evidence to preserve
- The written settlement, signed, with the payment or transfer records.
- Copies of every complaint, notice and reply exchanged.
- A certified copy of the FIR and the chargesheet.
- Any prior orders of the court, including bail orders.
- Identity proof for the affidavits, and contact details of the complainant.
Common mistakes
- Settling orally and assuming the case has ended. Nothing changes in court until an order is passed.
- Hiding part of the settlement from the court, which can lead to the petition being dismissed or the order being recalled.
- Filing a quashing petition for an offence that cannot be compounded, on the strength of a private settlement alone.
- Delay: the longer a trial proceeds, the harder it becomes to show that quashing is the just result.
The criminal law formats page lists sample petitions and affidavits, and you can contact the office to have a settlement deed and the quashing papers drafted together so they do not contradict each other.
Common questions
Can a case be quashed after the chargesheet is filed?
Yes. Quashing can be sought at any stage before the trial concludes. Once a chargesheet is filed, the petition also asks the High Court to set aside the proceedings before the magistrate, but the ground remains the same.
Is the complainant's consent enough to end the case?
No. The complainant's no-objection is strong material, but the decision is the court's. The court examines whether the offence is private or public in character and whether quashing serves the ends of justice.
What happens to the accused while the petition is heard?
The court may stay further proceedings or direct that no coercive steps be taken while it decides. That interim protection is important, and the accused should keep complying with any bail conditions in force.
Can a settlement be withdrawn later?
A person who settled and then denies it can face the consequences; the court may refuse relief or revive the case. Because the settlement is placed on affidavit, parties are held to the statements they made.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.