A criminal case reaches verdict. The accused is convicted. But before the conviction is fully executed — or during the appeal process — the accused and the complainant reach a genuine compromise. The dispute is settled. Can the criminal proceedings still be quashed at that stage? The Hon'ble Supreme Court has answered yes — in non-heinous offences, a post-conviction compromise between the accused and the complainant/victim can be the basis for quashing the criminal proceedings.

What Happened

The accused was convicted by a trial court for offences including unlawful assembly, kidnapping/abduction, and use of dangerous weapons. During the High Court proceedings against the conviction, the complainant/victim made a statement that a genuine compromise had been reached with the intervention of respected community members, without any pressure or undue influence, of their own free will. The Punjab and Haryana High Court quashed the proceedings based on this compromise. The State of Punjab challenged this before the Supreme Court.

The Supreme Court declined to interfere — the compromise-based quashing was upheld.

When Can Post-Conviction Compromise Lead to Quashing?

The court's power to quash criminal proceedings based on a compromise comes from its inherent jurisdiction under Section 528 BNSS (formerly Section 482 CrPC). The key principles are:

Non-Heinous vs Heinous Offences

Non-heinous offences that can typically be quashed on compromise include: cheque bounce, minor assault, property disputes that resulted in FIRs, some matrimonial disputes, hurt and grievous hurt (not resulting in death), and business/commercial disputes turned criminal. Heinous offences — murder, rape, POCSO, kidnapping for ransom, offences under anti-terror laws — cannot be quashed on compromise regardless of settlement.

Practical Guidance

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If you are an accused who has already been convicted and you have genuinely settled with the complainant — file a petition under Section 528 BNSS before the High Court seeking quashing of the proceedings on the basis of the compromise. Attach an affidavit from the complainant confirming the settlement.

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The compromise must be recorded properly — ideally before a court, a notary, or in a registered settlement deed. A mere verbal statement is weaker than a written, notarized affidavit or court statement by the complainant.

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Even where the High Court quashes after conviction, the accused is typically released from the obligation to serve the sentence — the quashing effectively sets aside the conviction and proceedings. Ensure this is clearly stated in the quashing petition.

Case Reference
State of Punjab v. Avtar Singh & Ors. | 2026 LiveLaw (SC) 881 | Hon'ble Justice Prashant Kumar Mishra & Hon'ble Justice Shree Chandrashekhar | September 1, 2026 | Hon'ble Supreme Court of India

Frequently Asked Questions

Questions people commonly search on this topic

Can criminal proceedings be quashed after conviction in India? +
Yes, in non-heinous offences. The Supreme Court has held that a post-conviction compromise between the accused and the complainant can form the basis for quashing criminal proceedings under Section 528 BNSS (formerly Section 482 CrPC). The compromise must be genuine and free from coercion.
Which offences can be quashed on compromise after conviction in India? +
Non-heinous offences that primarily affect the parties themselves — such as cheque bounce, minor assault, property-related FIRs, hurt, certain matrimonial disputes, and commercial disputes. Heinous offences like murder, rape, POCSO offences, kidnapping for ransom, and offences against society at large cannot be quashed on compromise.
What is needed to quash a criminal case on compromise? +
A petition under Section 528 BNSS before the High Court, supported by: an affidavit or court statement from the complainant confirming the genuine and voluntary settlement; the terms of the settlement; and evidence that the compromise was not obtained under pressure or coercion.
Can the State oppose quashing of a criminal case if the victim has compromised? +
The State can oppose quashing, but the Supreme Court has consistently held that in non-heinous offences, the parties' genuine settlement is a compelling reason to quash the proceedings. The purpose of the criminal law — to protect both the victim and society — is served when the victim is genuinely satisfied with the resolution.