Criminal proceedings arising from an amicably settled matrimonial dispute may be quashed when parties pursue mutual-consent divorce.

The applicants invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, along with a compounding application, seeking quashing of Criminal Case No. 206 of 2023, arising out of Case Crime No. 0224 of 2022 and pending before the Civil Judge (Junior Division)/Judicial Magistrate, Doiwala, Dehradun.

The criminal proceedings involved allegations under Sections 498-A, 323, 504 and 506 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act; applicant no. 4 was additionally facing trial under Section 354 IPC.

The dispute arose from the matrimonial relationship between applicant no. 1 and respondent no. 2, who had married on 28 November 2021 and had no child from the marriage.

The parties had separated following matrimonial discord and amicably agreed to dissolve their marriage by mutual consent. The first motion in the mutual-consent divorce proceedings had been completed, and total alimony of ₹24,00,000 had been settled, of which ₹12,00,000 had already been paid to respondent no. 2.

Respondent no. 2 appeared before the Court, confirmed the settlement, and stated that she did not wish to pursue the criminal proceedings. The applicants and respondent no. 2 were identified by their respective counsel.

Whether the criminal proceedings arising from the matrimonial dispute could be quashed under Section 528 BNSS, 2023, after the parties had amicably settled their dispute and agreed to dissolve their marriage by mutual consent?

Whether continuation of the criminal proceedings against the applicants, including applicant no. 4 in respect of Section 354 IPC, would serve any useful purpose after the complainant had settled the dispute and declined to pursue the case?

The Court applied Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which preserves the High Court’s inherent jurisdiction to pass orders necessary to give effect to any order under the BNSS, prevent abuse of the process of court, or secure the ends of justice.

The Court also considered the principle that criminal proceedings arising predominantly from a private matrimonial dispute may be quashed where the parties have genuinely and amicably settled their differences, the complainant no longer wishes to prosecute, and continuation of the proceedings would be futile or would amount to an abuse of process.

The Court allowed the accompanying compounding application on the basis of the parties’ settlement.

The Court found that the prosecution originated in a matrimonial dispute between applicant no. 1 and respondent no. 2 and that the parties had subsequently resolved their differences, agreed to obtain a mutual-consent divorce, and settled the financial terms of separation.

Respondent no. 2 personally appeared, acknowledged receipt of ₹12,00,000 towards the agreed alimony, and expressly stated that she did not wish to continue with the criminal proceedings.

The State also accepted that, in view of the settlement and the complainant’s unwillingness to pursue the case, continuation of the proceedings would be a futile exercise.

Since the dispute had been settled and no surviving grievance was asserted even against applicant nos. 2 to 4, the Court held that there was no useful purpose in continuing the prosecution and exercised its inherent jurisdiction under Section 528 BNSS.

It allowed the Section 528 BNSS petition and the compounding application and quashed the entire proceedings in Criminal Case No. 206 of 2023, arising out of Case Crime No. 0224 of 2022, pending before the Judicial Magistrate, Doiwala, Dehradun, in respect of offences under Sections 498-A, 323, 504 and 506 IPC read with Sections 3/4 of the Dowry Prohibition Act.

The Court also quashed, insofar as applicant no. 4 was concerned, the proceedings for the offence under Section 354 IPC.