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 file | What to establish |
|---|---|
| Reporter signed, injured adult did not | The injured person's own position and voluntary participation |
| Several people suffered separate losses | Whose claim each signature and payment actually covers |
| Company is the alleged victim | The authority of its representative to approve the settlement |
| Guardian or heir proposes to sign | Identity, 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.