Delhi High Court
Criminal Procedure and EvidenceFamily Law

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

Goutam Dey & Ors. vs State Govt. Of Nct Of Delhi & Anr.

Delhi High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
High Courts may quash non-compoundable matrimonial proceedings after a genuine settlement.. Goutam Dey & Ors. vs State Govt.  Of Nct Of Delhi & Anr.. Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Petitioner No. 1 and Respondent No. 2 married on 21 April 2019 and began living separately on 3 September 2020.

Source reference: para. 5–6

Following Respondent No. 2’s complaint, FIR No. 557/2021 was registered at Police Station Laxmi Nagar under Sections 498A/406/34 IPC, and a chargesheet was filed

Source reference: para. 5–6

The parties subsequently entered into a mediation settlement on 8 August 2025, agreeing to divorce by mutual consent, payment of ₹4,50,000 to Respondent No. 2, and cooperation in quashing the FIR

Source reference: para. 7–9

The agreed amount was paid in full, the divorce decree was obtained, and Respondent No. 2 stated that she did not wish to pursue the matter

Source reference: para. 12–16

The petition sought quashing of the FIR and consequential proceedings under Section 528 BNSS/Section 482 CrPC

Source reference: para. 1
02

Issues

1. Whether the High Court may quash criminal proceedings for non-compoundable offences arising from a matrimonial dispute when the parties have settled their differences

Source reference: para. 20–21

2. Whether the settlement and circumstances of this case warranted quashing FIR No. 557/2021 and the consequential proceedings

Source reference: para. 17–19, 22
03

Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and its predecessor, Section 482 of the Code of Criminal Procedure, 1973, preserve the High Court’s inherent power to quash criminal proceedings to secure the ends of justice.

Source reference: para. 20–21

The Court relied on Jitendra Raghuvanshi and Others v. Babita Raghuvanshi and Another, (2013) 4 SCC 58, which holds that proceedings in matrimonial disputes may be quashed despite the offences being non-compoundable where the settlement is genuine and amicable, and quashing does not adversely affect an overarching public interest

Source reference: para. 20–21
04

Reasoning

The Court found that the parties had finally resolved their matrimonial dispute: the settlement amount had been paid, the marriage had been dissolved by mutual-consent divorce, and the parties had withdrawn their other cases

Source reference: para. 12–16, 19

Respondent No. 2 confirmed that she did not wish to pursue the case, and the State did not oppose the petition

Source reference: para. 15, 18

Applying the principles in Jitendra Raghuvanshi, the Court treated the dispute as a settled matrimonial matter and concluded that quashing the proceedings was appropriate

Source reference: para. 19–21
05

Holding

The Court allowed the petition and quashed FIR No. 557/2021, registered under Sections 498A/406/34 IPC at Police Station Laxmi Nagar, along with all consequential proceedings

The petition and pending applications were disposed of accordingly.

Source reference: para. 23
06

Acts & Sections Cited

5 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Code of Criminal Procedure, 19732

Indian Penal Code, 18602

Delhi High Court

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Goutam Dey & Ors.vsState Govt. Of Nct Of Delhi & Anr.

Delhi High Court · October 05, 2026

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