High Courts may quash non-compoundable matrimonial proceedings following a voluntary settlement between the parties.

Respondent no. 2, the wife of petitioner no. 1 and relative by marriage of petitioners nos. 2 and 3, lodged FIR No. 711/2017 under Sections 498A/406 IPC at PS Uttam Nagar on 5 October 2017. The parties had married on 5 February 2017; they later lived separately, and no child was born of the marriage

They settled their disputes under an MoU dated 5 April 2023, providing for payment of ₹3,00,000 to respondent no. 2. After ₹2,00,000 had been paid earlier, petitioner no. 1 handed her a demand draft for the balance ₹1,00,000 in court. The parties had also obtained a mutual-consent divorce on 5 July 2025

Respondent no. 2 confirmed the settlement was voluntary and stated that she did not wish to pursue the proceedings; the State had no objection to quashing

Whether the High Court could exercise its inherent jurisdiction under Section 528 BNSS to quash proceedings concerning non-compoundable matrimonial offences on the basis of an amicable settlement

Whether, in light of the parties’ settlement, completed mutual-consent divorce, and respondent no. 2’s voluntary decision not to proceed, the FIR and consequential proceedings should be quashed

Section 528 BNSS preserves the High Court’s inherent power to make orders necessary to secure the ends of justice.

Relying on Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, the Court applied the principle that criminal proceedings arising from private matrimonial disputes may be quashed, including where the offences are non-compoundable, if the parties have amicably and voluntarily settled their differences and quashing would not adversely affect an overarching public interest

The dispute arose from the parties’ matrimonial relationship and had been fully settled under the MoU. The agreed amount had been paid in full, the parties were divorced, and respondent no. 2 confirmed in court that her consent was voluntary and that she did not wish to continue the case

Given the private matrimonial nature of the dispute, the completed settlement, and the State’s lack of objection, the Court found no impediment to quashing the proceedings in the interests of justice

The judgment identifies the FIR at the outset as registered under Sections 498A/406 IPC, but the operative paragraph describes the offences as Sections 498/406 IPC