| A criminal case was registered following a business dispute in Patna. The parties have now reached a settlement. Can the criminal proceedings be closed or quashed? |
Yes — and in many kinds of criminal cases in Patna, a genuine settlement is the cleanest and most efficient route to closure. Whether and how it works depends entirely on the nature of the offence, so let me explain the two routes clearly.
For compoundable offences — those listed in Section 359 of the BNSS (the old Section 320 CrPC) — the parties can formally compromise the matter. Some offences can be compounded directly between the parties; others require the court's permission first. Where the court accepts the compounding, the result is the acquittal of the accused and the closure of the case. Many everyday disputes that end up as FIRs in Patna's police stations — disputes over minor hurt, defamation, theft between relatives, certain property-related matters — are compoundable, and a properly executed compounding application closes the matter completely.
For non-compoundable offences, the direct compounding route is not available, but the Patna High Court can quash the proceedings in exercise of its inherent power under Section 528 BNSS where the dispute is essentially private or personal in nature and the parties have genuinely settled. Following the Supreme Court's rulings in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab, the Patna High Court has exercised this power to quash FIRs arising from land disputes, business quarrels, and matrimonial conflicts where a durable settlement has been reached. The court is alert to sham settlements designed merely to get a quashing order while the underlying dispute continues, so the settlement must be genuine and documented. What is explicitly excluded from this approach are serious offences — murder, rape, serious harm to society — which courts will not permit to be settled away. A mediator — or, in more significant disputes, a retired judge lending neutral experience to the settlement process — can help craft a durable resolution. The criminal lawyers and retired judges at the Patna panel of Aapka Legal Advice can structure the settlement correctly and move the compounding application or the quashing petition.
