01Facts
The petitioners sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, of FIR No. 520/2017, registered under Sections 498A, 406 and 34 IPC, and the proceedings arising from it.
p. 1 · ¶ 1The FIR followed a matrimonial dispute between petitioner no. 1 and respondent no. 2, who had lived separately since 3 June 2016.
p. 1 · ¶ 2The parties recorded a settlement on 20 July 2024, providing for a total payment of ₹16 lakh and withdrawal of other cases.
p. 2 · ¶ 3Their marriage was later dissolved by mutual consent on 4 December 2025.
p. 4 · ¶ 7Respondent no. 2 confirmed that the settlement was voluntary, consented to quashing, and had received the remaining ₹6 lakh during the hearing; ₹10 lakh had already been paid.
p. 2 · ¶ 4 · p. 4 · ¶ 7–802Issues
i.Whether the High Court should exercise its inherent jurisdiction under Section 528 BNSS to quash the FIR and consequential proceedings for non-compoundable matrimonial offences, in view of the parties’ settlement and respondent no. 2’s consent.
p. 1 · ¶ 1 · p. 7 · ¶ 13ii.Whether quashing was appropriate where the matrimonial relationship had ended and the settlement had been acted upon.
p. 4 · ¶ 7–8 · p. 7 · ¶ 1303Law Applied
Section 528 BNSS, which is pari materia to Section 482 CrPC, preserves the High Court’s inherent power to prevent abuse of process and secure the ends of justice.
p. 1 · ¶ 1Under Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, the High Court may quash non-compoundable proceedings where the dispute is predominantly civil or matrimonial, the parties have settled, and continuation would serve no useful purpose or cause injustice.
pp. 4–6 · ¶ 9–10Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, recognises the court’s power to quash criminal proceedings arising from amicably resolved matrimonial disputes, notwithstanding non-compoundability.
pp. 6–7 · ¶ 11The Court also relied on Navneesh Aggarwal v. State of Haryana, 2025 SCC OnLine SC 1680, which observed that, after divorce and settlement, continuing a prosecution arising from matrimonial discord may amount to abuse of process.
p. 7 · ¶ 12Provisions in the judgment · 5 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Code of Criminal Procedure, 1973 Section 482Section 320
Indian Penal Code, 1860 Section 406Section 34
04Reasoning
The Court treated the prosecution under Sections 498A and 406 IPC as arising from a matrimonial dispute with an overwhelmingly civil character.
p. 4 · ¶ 7The parties had settled their disputes, their marriage had been dissolved, and the agreed sum of ₹16 lakh had been paid, including the balance received by respondent no. 2 at the hearing.
p. 4 · ¶ 7–8Respondent no. 2 appeared before the Court, confirmed that the settlement was voluntary and stated that she had no objection to quashing.
p. 2 · ¶ 4Applying the principles in the cited authorities, the Court concluded that there was no impediment to quashing the proceedings.
p. 7 · ¶ 1305Holding
The Court allowed the petition and quashed FIR No. 520/2017, registered at P.S. Burari under Sections 498A, 406 and 34 IPC, together with all proceedings emanating from it, qua all petitioners.
p. 7 · ¶ 13The petition and pending application were disposed of accordingly.
p. 8 · ¶ 14Original Court PDF
Sandeep Rathi & Ors.vsThe State Of Nct Of Delhi And Anr
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