FIR Under Section 118(1) BNS Quashed Following Settlement and Full Payment of Matrimonial Alimony

The petitioners sought the quashing of FIR No. 415/2024 registered at P.S. Kalyan Puri under Section 118(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The FIR arose from a matrimonial dispute where Petitioner No. 1 allegedly caused simple burn injuries to the legs of Respondent No. 2 (his wife) during an altercation on 28.08.2024.

During the pendency of the proceedings, the parties reached a settlement via the Delhi Mediation Centre, Karkardooma Courts, agreeing to dissolve their marriage by mutual consent.

By the final hearing, the entire settlement amount of Rs. 14 lakhs had been paid to Respondent No. 2, who expressed her desire to move on and had no objection to quashing the FIR.

1. Whether the High Court should exercise its inherent powers to quash criminal proceedings for a non-compoundable offence based on a voluntary settlement between the parties.

The Court exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 482 CrPC).

It relied on the precedent set in Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, which establishes that proceedings in non-compoundable cases can be quashed if the Court is satisfied that continuing the prosecution would serve no useful purpose, as the likelihood of conviction is remote and bleak due to the settlement.

The Court observed that the injuries sustained by the complainant were opined to be "simple in nature".

Critically, the Court noted that the dispute was matrimonial at its core and that the parties had voluntarily resolved all grievances, including the payment of permanent alimony totaling Rs. 14 lakhs.

The Court reasoned that since the complainant was no longer interested in prosecuting the charges and the parties had settled their matrimonial discord, the scope of conviction was "remote and bleak," and forcing the trial to continue would be a futility and an abuse of the process of law.

The Court quashed FIR No. 415/2024 and all consequential proceedings arising therefrom and directed the petitioners to submit original affidavits to the investigating officer within two weeks.