Delhi High Court
Criminal Procedure and EvidenceCriminal Law

A private matrimonial FIR may be quashed under BNSS inherent powers after a voluntary settlement.

Abid Khan @ Avid Khan & Ors. vs State Nct Of Delhi & Anr.

Delhi High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
A private matrimonial FIR may be quashed under BNSS inherent powers after a voluntary settlement.. Abid Khan @ Avid Khan & Ors. vs State Nct Of Delhi & Anr.. Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 3

The 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. 5–6

The parties later settled their disputes through mediation on 6 July 2026.

Source reference: p.2, para. 7

Pursuant 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. 8

Respondent no. 2 confirmed the settlement was voluntary, acknowledged receipt of the full amount, and consented to quashing the FIR.

Source reference: p.3, paras. 9–10
02

Issues

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. 11–12

Whether 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. 10–11
03

Law 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. 12

The Court applied that jurisdiction to the request to quash proceedings arising from offences under Sections 498A/406/34 IPC.

Source reference: p.2, para. 3

It 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. 11
04

Reasoning

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. 8–10

Given 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. 11

It therefore exercised its inherent jurisdiction under Section 528 BNSS to secure the ends of justice.

Source reference: p.3, para. 12
05

Holding

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. 13

Pending applications, if any, were also disposed of.

Source reference: p.4, para. 15
06

Acts & 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

Delhi High Court

Original Court PDF

Abid Khan @ Avid Khan & Ors.vsState Nct Of Delhi & Anr.

Delhi High Court · September 30, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment