High Courts may quash non-compoundable matrimonial proceedings after a genuine settlement between the parties.

The petitioner and respondent no. 2 married in 2013 and have one child.

After living separately from February 2015, respondent no. 2’s complaint led to registration of FIR No. 0189/2016 under Sections 498A, 406 and 34 IPC

The parties later reached a mediation settlement, agreed to mutual-consent divorce and settled custody and visitation arrangements; they subsequently obtained a divorce decree.

Respondent no. 2 confirmed in Court that the disputes were settled and that she did not wish to pursue the FIR.

The petitioner sought quashing of the FIR and consequential proceedings.

1. Whether the High Court could quash the FIR and consequential proceedings, including for the non-compoundable offence under Section 498A IPC, in view of the parties’ settlement.

2. Whether the settlement was sufficient to warrant quashing in the circumstances of this matrimonial dispute.

Section 528 BNSS, corresponding to Section 482 CrPC, preserves the High Court’s inherent power to quash criminal proceedings to secure the ends of justice.

Although Section 498A IPC is non-compoundable, non-compoundability does not bar quashing where the dispute is matrimonial, the parties have amicably and voluntarily settled, and quashing would not adversely affect an overriding public interest.

Relying on Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, the Court reiterated that the High Court may quash proceedings in matrimonial disputes to give effect to genuine settlements, notwithstanding the non-compoundable nature of the offences.

The Court found that the parties had resolved their disputes through mediation, obtained a mutual-consent divorce, and confirmed the settlement and their request for quashing before the Court.

In light of the settled matrimonial dispute and respondent no. 2’s stated wish not to pursue the matter, the Court applied its inherent power under Section 528 BNSS despite Section 498A being non-compoundable.

The pending application was also disposed of.