Facts
The petitioners filed a petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking the quashing of FIR No. 15/2026 dated 05.02.2026.
Source reference: para. 2The FIR was registered at Police Station Mahila Thana, Raipur, for alleged offences under Sections 85 and 3(5) of the Bhartiya Nyaya Sanhita (BNS), 2023.
Source reference: para. 2During the pendency of the proceedings, the matter was referred to the Mediation Center of the High Court, where the parties reached an amicable settlement on 17.03.2026.
Source reference: para. 3Under the terms of the compromise, Petitioner No. 1 (husband) and Respondent No. 2 (wife) expressed their willingness to resume their marital life together.
Source reference: para. 3, 6Issues
Whether the FIR and criminal proceedings should be quashed under Section 528 of the BNSS in light of a successful mediation and compromise between the parties in a matrimonial dispute.
Source reference: para. 6Law Applied
The Court applied the inherent powers of the High Court under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 482 of the CrPC), to quash criminal proceedings in the interest of justice.
Source reference: para. 2The substantive law involved was Section 85 (Cruelty by husband or his relatives) and Section 3(5) (Acts done by several persons in furtherance of common intention) of the Bhartiya Nyaya Sanhita (BNS), 2023.
Source reference: para. 6The court acted on the principle that where matrimonial disputes are settled amicably, quashing criminal proceedings is preferred to encourage reconciliation and prevent abuse of the legal process.
Source reference: no citationReasoning
The Court noted that the dispute was primarily matrimonial in nature and that the parties had voluntarily entered into a compromise before the Mediation Center of the High Court on 17.03.2026.
Source reference: para. 5The Court observed that since Petitioner No. 1 and Respondent No. 2 had agreed to reconcile and live together, the continuation of criminal proceedings would serve no purpose and would potentially hinder the restoration of their marital harmony.
Source reference: para. 6By reviewing the terms of the compromise, the Court determined that the settlement was bona fide and that the interest of justice would be best served by quashing the FIR to give effect to the parties' reconciliation.
Source reference: para. 6Holding
The Court allowed the petition and quashed FIR No. 15/2026 dated 05.02.2026 registered at Police Station Mahila Thana, Raipur, for offences under Sections 85 and 3(5) of the BNS.
This order was made subject to the fulfillment of the terms and conditions stipulated in the compromise agreement dated 17.03.2026.
Source reference: para. 6, 7Original Court PDF
JAY KATIYARvsSTATE OF CHHATTISGARH
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