The person who reported the incident has signed a compromise, but the injured person has not. Is that enough for quashing?

Answered by Advocate Sharan Jain··FIR Quashing (S.528 BNSS)

Legal Shorts · 69 words

A compromise signed only by a person who reported the incident is not enough to establish a settlement with the actual victim. Identify who suffered the alleged loss or injury and whether that person has freely agreed. The High Court must still decide whether the offences and circumstances permit quashing on settlement. The informant cannot bargain away someone else's grievance merely because their name appears first in the FIR.

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A compromise signed only by a person who reported the incident is not enough to establish a settlement with the actual victim. Identify who suffered the alleged loss or injury and whether that person has freely agreed. The High Court must still decide whether the offences and circumstances permit quashing on settlement. The informant cannot bargain away someone else's grievance merely because their name appears first in the FIR.

Who is the victim if someone else made the report?

Start with the alleged harm. A neighbour may report an assault suffered by another person. An employee may report a transaction in which the company lost money. The reporter and victim may be the same person, but that cannot be assumed.

Section 2(1)(y) BNSS defines a victim by loss or injury caused by the accused person's act or omission and includes the victim's guardian or legal heir. That inclusion does not allow any relative to sign indiscriminately. Capacity, authority and the particular person's interest still need to be established.

Prepare a list identifying the informant, each injured person or property owner, and the person who proposes to sign for an organisation or someone unable to act personally. Attach the medical, ownership or transaction record that explains the distinction. Use the allegations as recorded, without presenting them as judicially proved.

What did the Supreme Court say in 2026?

In Anand Kumar @ Sanjay Lalwani v State of Madhya Pradesh, decided on 31 August 2026, the Supreme Court held that a settlement relied upon for quashing must involve the real victim. It distinguished that person from a mere informant and rejected treating the identity of the person who started the case as decisive.

The Court quashed a property-related prosecution after examining the actual victim's settlement and the informant's claim. It also found, on the specific record, that the informant made out no case against the accused. The decision does not mean that every objecting informant can be ignored or that every alleged property fraud is private enough to be quashed.

What needs checking before another affidavit is signed?

Check the signer's legal role and the settlement's scope before obtaining more signatures. An affidavit is evidence of what its maker says, not a cure for lack of authority.

Problem in the fileWhat to establish
Reporter signed, injured adult did notThe injured person's own position and voluntary participation
Several people suffered separate lossesWhose claim each signature and payment actually covers
Company is the alleged victimThe authority of its representative to approve the settlement
Guardian or heir proposes to signIdentity, legal capacity and applicable court permission

Do not amend a signed affidavit to suggest that someone consented when they did not. If the original settlement incorrectly identified the victim, explain the error to the lawyer and court rather than quietly substituting a name.

Is compounding the same application?

No. Compounding follows the offences, authorised persons and permissions in section 359 BNSS. Its tables identify the person who may compound each listed offence. High Court quashing on settlement is a different exercise under the inherent jurisdiction and relevant Supreme Court principles.

Lalwani expressly preserves that distinction. It also preserves the restriction against using private settlements to end serious offences with wider societal consequences. A doctor's description of the injury, the charged sections and the stage of proceedings may therefore matter as much as the signatures. Saved older proceedings may require the corresponding CrPC provisions under section 531 BNSS.

What if the injured person refuses to settle?

Do not file an affidavit saying everyone has settled. Inform your lawyer of the refusal and obtain advice on any independent legal ground for quashing, discharge or defence at trial. Such a ground must stand on its own. The informant's consent cannot replace the missing victim's agreement.

If you are the injured person and learn that a settlement is being presented without you, obtain the petition and settlement papers. Promptly ask to place your position and supporting records before the court through the appropriate procedure. Identify the loss or injury that gives you a direct interest, rather than simply objecting to the reporter's conduct.

Our answer on closing a case after compromise compares the available routes. The quashing guide covers the broader petition. Here, the immediate task is a correct map of the people affected and the authority behind every signature.

Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Anand Kumar @ Sanjay Lalwani v State of Madhya Pradesh, 2026 INSC 928, 31 August 2026: Paragraphs 28-49. Read the source
  2. 2.Bharatiya Nagarik Suraksha Sanhita 2023, official Gazette: Sections 2(1)(y),359,528,531(2)(a). Read the source

The short answer's sources were checked on 1 October 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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The complainant now wants to withdraw. Can the case simply be closed?

A complainant changing their mind does not automatically close a criminal case. Some offences can be compounded under Section 359 BNSS, with court permission where required. Other cases may need a lawful withdrawal by the prosecutor or an appropriate High Court order. Which route is available depends on the offence and the stage of proceedings. Put any settlement in writing and obtain the necessary court order. An informal promise to stop attending is not a closure order.

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The complainant died before our settlement-quashing hearing. Can the family sign in their place?

A relative cannot simply sign the deceased complainant's name or replace their consent without explaining the legal basis. Tell the court about the death and identify whether the deceased was the actual victim and who now has authority to act. For a compoundable offence, section 359(4)(b) BNSS specifically permits the deceased competent person's legal representative to compound with the court's consent. A pending High Court settlement-quashing petition requires its own assessment and directions.

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Can an FIR be quashed, and does having anticipatory bail help?

Yes, the High Court can intervene where continuing a criminal case would abuse the court process or defeat justice. Section 528 BNSS preserves that power. Bail and quashing serve different purposes: bail concerns liberty, while quashing asks the court to end the proceedings. A bail order does not itself establish grounds for quashing. Have the FIR, supporting documents and any settlement assessed together before deciding whether this is the right application.

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I was acquitted and the State has appealed. What does that mean for me?

An appeal does not itself erase your acquittal, but you must respond to the notice. Section 419 BNSS governs State appeals and requires High Court leave for the appeals specified there. The appellate court can ultimately reverse the acquittal, and Section 431 also permits arrest and custody or bail while an acquittal appeal is pending. Give your lawyer the judgment, appeal papers and any appearance bond, so both the merits and your attendance obligations are addressed.

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I am a witness and I am being threatened. What protection can I ask for?

Report the threat promptly and preserve the messages, calls and names involved. The BNSS requires States to have a witness protection scheme, and Section 216 allows a complaint about threats intended to make a person give false evidence. Protection and prosecution of the threat are separate matters. Ask the investigating officer or court how to approach the competent protection authority, and seek urgent help if there is immediate danger. Do not meet the person threatening you to negotiate alone.

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My co-accused was acquitted after trial. Can I get my separate case quashed with that judgment?

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