Criminal proceedings arising from a private dispute may be quashed upon amicable settlement.

The petitioners sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), of FIR No. 798/2022, registered at P.S. Punjabi Bagh under Sections 451/323/506/34 of the Indian Penal Code, 1860 (IPC), and the proceedings arising from it.

The FIR alleged that the petitioners assaulted the complainant and his mother, caused injuries to the complainant, and that petitioner no. 1 threatened to commit suicide and implicate them.

The parties settled their disputes in mediation; petitioner no. 1 and respondent no. 2 subsequently obtained a mutual-consent divorce, with the child to remain in petitioner no. 1’s custody and visitation rights granted to respondent no. 2.

Respondent no. 2 confirmed the voluntary settlement and stated that he had no objection to quashing the FIR.

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

Section 528 BNSS preserves the High Court’s inherent power to make orders necessary to give effect to the BNSS, prevent abuse of the process of any court, or otherwise secure the ends of justice.

The Court applied that power to the request to quash an FIR alleging offences under Sections 451/323/506/34 IPC.

It reasoned that continuation of criminal proceedings may serve no useful purpose where the dispute is primarily private, the parties have amicably settled, and the complainant does not wish to pursue the charges.

The Court considered the settlement, the parties’ confirmation that it was voluntary, and respondent no. 2’s express lack of objection to quashing.

Because the dispute was primarily private and the complainant no longer wished to press the charges, the Court concluded that continuing the prosecution would serve no useful purpose and that quashing was appropriate to secure the ends of justice.

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

Pending applications, if any, were also disposed of.