Facts
The petitioners sought quashing of FIR No. 541/2023, registered at P.S. Sagarpur under Sections 498A/406/34 IPC, and the proceedings arising from it.
Source reference: p.2, para. 3The FIR followed the complainant’s allegations of dowry-related physical and mental harassment by the petitioners. The charge-sheet was filed.
Source reference: p.2, paras. 5–6The parties later settled their disputes through mediation on 6 July 2026.
Source reference: p.2, para. 7Pursuant to the settlement, petitioner no. 1 and respondent no. 2 obtained a divorce by mutual consent/Mubarat, and petitioner no. 1 paid the agreed amount of ₹4,25,000, inclusive of Mehar and Iddat amounts.
Source reference: p.3, para. 8Respondent no. 2 confirmed the settlement was voluntary, acknowledged receipt of the full amount, and consented to quashing the FIR.
Source reference: p.3, paras. 9–10Issues
Whether the High Court should exercise its inherent jurisdiction under Section 528 of the BNSS to quash the FIR and consequential proceedings on the basis of the parties’ settlement.
Source reference: p.2, para. 3; p.3, paras. 11–12Whether continuation of the criminal proceedings would serve any useful purpose where the complainant had settled the dispute and did not wish to pursue the charges.
Source reference: p.3, paras. 10–11Law Applied
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers the High Court to exercise inherent jurisdiction to make orders necessary to secure the ends of justice.
Source reference: p.3, para. 12The Court applied that jurisdiction to the request to quash proceedings arising from offences under Sections 498A/406/34 IPC.
Source reference: p.2, para. 3It reasoned that quashing was appropriate in the circumstances because the dispute was primarily private, did not involve public interest, and had been amicably settled, with the complainant no longer wishing to pursue the case.
Source reference: p.3, para. 11Reasoning
The Court considered the completed settlement, the divorce, payment of the full agreed amount, and respondent no. 2’s confirmation that she had settled voluntarily and had no objection to quashing.
Source reference: p.3, paras. 8–10Given the private nature of the dispute and the complainant’s decision not to press charges, the Court concluded that continuing the proceedings would serve no useful purpose.
Source reference: p.3, para. 11It therefore exercised its inherent jurisdiction under Section 528 BNSS to secure the ends of justice.
Source reference: p.3, para. 12Holding
The Court allowed the petition and quashed FIR No. 541/2023 under Sections 498A/406/34 IPC, together with all consequential proceedings.
It directed that the original affidavits be submitted to the Trial Court and the concerned SHO/IO within four weeks.
Source reference: p.4, para. 13Pending applications, if any, were also disposed of.
Source reference: p.4, para. 15Acts & Sections Cited
3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Indian Penal Code, 18602
Original Court PDF
Abid Khan @ Avid Khan & Ors.vsState Nct Of Delhi & Anr.
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