01Facts
The petitioners sought to quash FIR No. 342/2023, registered at P.S. Hauz Qazi under Sections 498A, 406 and 34 IPC, and the proceedings arising from it, invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 3 · ¶ 13The FIR followed the complainant’s allegations of dowry-related physical and mental harassment after her marriage to petitioner No. 1; the parties had been living separately since 11 February 2023.
¶ 4 · ¶ 5After the chargesheet was filed, the parties settled their disputes through mediation in matrimonial proceedings on 30 August 2025.
¶ 6 · ¶ 7They obtained a divorce by mutual consent, and petitioner No. 1 paid the agreed settlement amount of ₹10 lakh in full.
¶ 8The complainant confirmed that the settlement was voluntary and that she had no objection to quashing the FIR.
¶ 9 · ¶ 1002Issues
i.Whether the High Court should exercise its inherent powers under Section 528 BNSS to quash the FIR and consequential proceedings following the parties’ settlement of their matrimonial dispute.
¶ 3 · ¶ 11 · ¶ 12ii.Whether continuation of the criminal proceedings would serve a useful purpose where the complainant had received the full settlement amount and did not wish to pursue the case.
¶ 10 · ¶ 1103Law Applied
Section 528 BNSS preserves the High Court’s inherent powers to make orders necessary to give effect to orders under the Sanhita, prevent abuse of the process of a court, or otherwise secure the ends of justice.
¶ 12The judgment applied that power to the request to quash proceedings under Sections 498A, 406 and 34 IPC, reasoning that the dispute was primarily private, the parties had settled it, and continuation of the prosecution would serve no useful purpose.
¶ 11 · ¶ 13Provisions in the judgment · 4 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Indian Penal Code, 1860 Section 406Section 34
Hindu Marriage Act, 1955 Section 13
04Reasoning
The Court found that the parties had resolved their matrimonial dispute through a written settlement, obtained a mutual-consent divorce, and completed payment of the agreed settlement sum.
¶ 7 · ¶ 8The complainant personally confirmed the voluntary nature of the settlement and her lack of objection to quashing.
¶ 9 · ¶ 10Given the private nature of the dispute and the complainant’s decision not to pursue 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.
¶ 11 · ¶ 1205Holding
The Court allowed the petition and quashed FIR No. 342/2023, registered under Sections 498A, 406 and 34 IPC, together with all consequential proceedings.
¶ 12 · ¶ 14It directed that the parties’ original affidavits be submitted to the Trial Court and the concerned SHO/IO within four weeks.
¶ 13Pending applications were also disposed of.
¶ 15Original Court PDF
Manish Nagra & Ors.vsState & Anr.
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