High Court Exercises Inherent Powers To Quash Non-Compoundable Matrimonial Offences Upon Amicable Settlement Between Parties

The petitioners (the son-in-law and mother-in-law of Respondent No. 2's daughter) were accused of verbally abusing and physically assaulting Respondent No. 2 and her daughter on November 3, 2022, following a matrimonial dispute.

This led to the registration of FIR No. 261/2022 at P.S. Hauz Qazi under Sections 323, 325, and 452 of the IPC.

Subsequently, the parties amicably settled all disputes, including another related FIR.

A compensation of ₹30,000 was paid to Respondent No. 2 via UPI during the proceedings.

The respondents appeared in person and expressed their desire to quash the proceedings to avoid further harassment.

Whether the High Court can exercise its inherent power to quash criminal proceedings for a non-compoundable offence (Section 452 IPC) on the basis of a private settlement between the parties?

The court primarily applied Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 482 CrPC), which preserves the High Court's inherent power to prevent abuse of the process of law or secure the ends of justice.

It relied on *Narinder Singh v. State of Punjab* (2014), which held that criminal cases arising out of matrimonial or family disputes should be quashed when resolved, provided they do not involve heinous crimes like murder or rape.

Additionally, it cited *Parbatbhai Aahir v. State of Gujarat* (2017), establishing that the court must evaluate if the possibility of conviction is remote and if continuing the trial would cause extreme injustice.

The court observed that while Sections 323 and 325 IPC are compoundable, Section 452 IPC is non-compoundable; however, the High Court’s inherent jurisdiction allows for quashing such offences in the interest of justice.

In applying the *Narinder Singh* guidelines, the court noted that the dispute was essentially private/matrimonial in nature and that the parties had settled voluntarily without coercion.

Since the respondents no longer supported the prosecution and had accepted compensation, the court reasoned that the possibility of conviction remained "remote and bleak".

Consequently, continuing the proceedings would serve no useful purpose and would constitute an abuse of the judicial process.

The court allowed the petition and quashed FIR No. 261/2022 and all consequential proceedings emanating therefrom.