High Court may quash matrimonial FIR under Section 528 BNSS following amicable settlement of private disputes.

The petitioners sought quashing of FIR No. 326/2023 dated 11 August 2023, registered at Police Station Kanjhawala for offences under Sections 323, 354, 354B, 498A, 506, 509 and 34 of the IPC, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The marriage between Respondent No. 2 and the son of Petitioners Nos. 1 and 2 was solemnised on 30 April 2015 according to Hindu rites.

The petitioners stated that the FIR arose out of a misunderstanding and that a chargesheet had already been filed.

During the proceedings, the parties were referred to mediation and entered into a Settlement Agreement dated 19 March 2026.

Pursuant to the settlement, they resumed cohabitation and agreed to withdraw their pending proceedings.

Both parties appeared before the Court and were identified by their counsel and the Investigating Officer.

Respondent No. 2 confirmed that the settlement was voluntary and that she had no objection to quashing of the FIR.

Whether the High Court should exercise its inherent jurisdiction under Section 528 of the BNSS to quash the FIR and consequential proceedings after the parties have amicably settled their matrimonial dispute?

Whether continuation of the criminal proceedings would serve any useful purpose where the complainant no longer wished to pursue the allegations and the dispute was primarily private in nature?

The Court applied Section 528 of the BNSS, 2023, which preserves the High Court’s inherent powers to make orders necessary to give effect to the BNSS, prevent abuse of the process of court, or secure the ends of justice.

The Court proceeded on the principle that criminal proceedings arising from a predominantly private or matrimonial dispute may be quashed after a genuine and voluntary settlement between the parties, particularly where the complainant has no objection and continuation of the proceedings would serve no useful purpose.

The FIR involved Sections 323, 354, 354B, 498A, 506, 509 and 34 of the IPC.

The Court found that the dispute was matrimonial and primarily private in character.

The parties had entered into a written settlement through mediation, resumed living together, and agreed to withdraw the pending proceedings.

Respondent No. 2 appeared personally, confirmed the settlement, and expressly stated that it had been entered into without force, fear or coercion and that she had no objection to quashing the FIR.

In these circumstances, and in the absence of any overriding public interest requiring continuation of the prosecution, the Court held that further criminal proceedings would serve no useful purpose.

Exercise of the inherent jurisdiction under Section 528 of the BNSS was therefore considered appropriate to secure the ends of justice.

FIR No. 326/2023 dated 11 August 2023, registered at Police Station Kanjhawala under Sections 323, 354, 354B, 498A, 506, 509 and 34 of the IPC, together with all consequential proceedings, was quashed.

The parties were directed to adhere to the settlement in letter and spirit, and the original affidavits were directed to be placed before the Trial Court within four weeks.

The petition and pending applications were disposed of accordingly.