A Matrimonial Cruelty FIR May Be Quashed After Full Settlement of a Private Dispute

The petitioner sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), of FIR No. 85/2016, registered at P.S. Gulabi Bagh under Sections 498A/34 IPC, and the proceedings arising from it.

The complainant and petitioner had married in 2014 and had a child; following their separation and allegations of dowry-related harassment, the complainant lodged the FIR.

After charges were filed, the other co-accused were discharged.

The parties later settled their disputes through mediation. They obtained a divorce by mutual consent, the petitioner paid the agreed settlement amount of ₹10,00,000, and the complainant confirmed her consent to quashing the FIR.

Whether the High Court should exercise its inherent powers under Section 528 BNSS to quash the FIR under Sections 498A/34 IPC and the consequential proceedings on the basis of the parties’ settlement.

Whether the settlement and the complainant’s stated lack of objection supported quashing where the dispute was private in nature and continuation of the proceedings would serve no useful purpose.

Section 528 BNSS confers inherent power on the High Court to make orders necessary to secure the ends of justice.

The Court applied that power to consider whether criminal proceedings arising from a private dispute should continue after an amicable settlement, taking account of the complainant’s position and whether continuation would serve a useful purpose or involve a public interest.

The Court found that the parties had resolved their dispute through a written settlement, completed the agreed divorce and payment, and that the complainant, appearing before the Court, confirmed the settlement was voluntary and raised no objection to quashing.

Given the private nature of the dispute and the complainant’s wish not to pursue the charges, the Court concluded that continuing the proceedings would serve no useful purpose and exercised its inherent power to quash them.

It directed that the parties’ original affidavits be submitted to the Trial Court and the concerned SHO/IO within four weeks.