After Wife Confirms ₹5 Lakh Matrimonial Settlement, Delhi HC Quashes FIR Against Husband And Friend Over Alleged Assault On Her And Father

In brief

The question

1. Whether the High Court should exercise its inherent jurisdiction under Section 528 BNSS to quash the FIR and consequential proceedings where the parties have settled a dispute arising from a matrimonial relationship.

The court held

The Court allowed the petition and quashed FIR No. 295/2025, registered at P.S. New Friends Colony under Sections 118(1), 351(2), 324(2) and 3(5), together with all consequential proceedings, qua all petitioners.

It also directed

The petition was disposed of accordingly.

01Facts

Petitioner no. 1, the husband of respondent no. 2, and petitioner no. 2 were accused of stopping a car carrying respondent no. 2 and her father, breaking a window, and assaulting them.

p. 2

FIR No. 295/2025 was registered under Sections 118(1), 351(2), 324(2) and 3(5).

p. 2

The parties later entered into a settlement agreement.

p. 2

The husband agreed to pay respondent no. 2 Rs. 5,00,000 towards mahr, iddat and maintenance; the full amount was paid, and respondent no. 2 confirmed that the settlement was voluntary and free from pressure.

pp. 2–3

The petitioners sought quashing of the FIR and consequential proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

p. 1

02Issues

i.1. Whether the High Court should exercise its inherent jurisdiction under Section 528 BNSS to quash the FIR and consequential proceedings where the parties have settled a dispute arising from a matrimonial relationship.

p. 1, 5

ii.2. Whether the settlement was voluntary and sufficiently performed to support quashing of the criminal proceedings.

pp. 2–3, 5

03Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 482 of the Code of Criminal Procedure, 1973, preserves the High Court’s inherent power to quash proceedings to secure the ends of justice.

p. 1

Under Gian Singh v. State of Punjab, (2012) 10 SCC 303, proceedings involving private or personal disputes—including matrimonial and family disputes—may be quashed after settlement where continuation would be futile and quashing would serve the ends of justice; this power is generally not appropriate for serious offences affecting society at large.

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Narinder Singh v. State of Punjab, (2014) 6 SCC 466, reiterates that cases predominantly civil in character, including those arising from matrimonial relationships, may be quashed when the parties have resolved their disputes.

p. 4

In Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, the Supreme Court held that non-compoundability under Section 320 CrPC does not bar quashing of criminal proceedings arising from an amicably settled matrimonial dispute where the settlement is voluntary.

pp. 4–5

Provisions in the judgment · 7 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Code of Criminal Procedure, 1973 Section 482 Section 320

Bharatiya Nyaya Sanhita, 2023 Section 118 Section 351 Section 324 Section 3

04Reasoning

The Court treated the prosecution as arising from a private matrimonial dispute that the parties had resolved through a settlement.

pp. 2–3

It noted that the agreed financial obligations had been fulfilled and that respondent no. 2 confirmed her voluntary consent; the parties had also been identified by the investigating officer.

pp. 2–3

Applying the principles in Gian Singh, Narinder Singh and Jitendra Raghuvanshi, the Court concluded that the settlement provided a cogent basis for quashing and that continuing the prosecution would serve no fruitful purpose.

pp. 3–5