Facts
The marriage between Petitioner No. 1 and Respondent No. 2, solemnized on 16.01.2019, resulted in one child. Due to temperamental differences, the parties separated in 2021
Source reference: para. 2–3Based on a report by Respondent No. 2, FIR No. 0733/2021 was registered at P.S. Welcome under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act
Source reference: para. 1A charge-sheet was subsequently filed
Source reference: para. 4On 09.03.2026, the parties entered into a written Compromise Deed to mutually dissolve the marriage via talaq-e-sunnat, settle all alimony/maintenance claims for a sum of ₹60,000, and grant custody of the child to the mother
Source reference: para. 5, 8The petitioners moved the High Court to quash the FIR based on this settlement.
Source reference: no citationIssues
1. Whether the High Court should exercise its inherent powers to quash criminal proceedings arising out of matrimonial disputes when the parties have reached an amicable settlement
Source reference: para. 1, 9Law Applied
The Court primarily exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 482 of the CrPC), which allows for the quashing of proceedings to secure the ends of justice
Source reference: para. 10The Court relied on the principle that matrimonial disputes are primarily private in nature and do not involve public interest, thus justifying quashing upon settlement to prevent the abuse of the process of law
Source reference: para. 9Reasoning
The Court observed that the parties had voluntarily resolved all matrimonial disputes, including maintenance, dower (Mahr), and return of articles, as evidenced by the Compromise Deed dated 09.03.2026 and the full payment of ₹60,000
Source reference: para. 5, 8Respondent No. 2 appeared in person, confirming she entered the settlement without coercion and had no objection to the quashing of the FIR
Source reference: para. 8The Court reasoned that since the dispute was fundamentally private and the complainant no longer wished to pursue charges, continuing the criminal proceedings would serve no useful purpose and would be a futile exercise for the judicial system
Source reference: para. 9Holding
The Court answered the issue in the affirmative, holding that the FIR and all consequential proceedings should be quashed to secure the ends of justice
The Court quashed FIR No. 0733/2021 and directed the parties to submit the original affidavits and Compromise Deed to the Trial Court within four weeks to be made part of the official record
Source reference: para. 11The petition and pending applications were disposed of accordingly
Source reference: para. 12–13Original Court PDF
Sh. Shehzad & Ors.vsThe State (Govt Of Nct Of Delhi) & Anr.
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