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

Petitioner No. 1 and respondent No. 2 married on 9 May 2021, separated on 12 March 2022, and had no children.

Respondent No. 2’s complaint led to registration of FIR No. 673/2024 under Sections 85, 316, 351 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging dowry-related harassment and threats by the petitioners

During the proceedings, the parties entered into a mediation settlement providing for a full and final payment of ₹3,50,000 and cooperation in quashing the FIR.

The parties had obtained a mutual-consent divorce; the remaining ₹1,00,000 was paid by demand draft in Court, and respondent No. 2 stated that she did not wish to pursue the case.

The petition sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

1. Whether the High Court may quash non-compoundable criminal proceedings arising from a matrimonial dispute under Section 528 BNSS when the parties have settled the dispute.

2. Whether the settlement and circumstances of this case warranted quashing the FIR and consequential proceedings.

Section 528 BNSS preserves the High Court’s inherent power to quash criminal proceedings, including proceedings for non-compoundable offences, where doing so serves the ends of justice and no overriding public interest is adversely affected.

In Jitendra Raghuvanshi and Others v. Babita Raghuvanshi and Another, (2013) 4 SCC 58, the Supreme Court held that the High Court may quash proceedings in matrimonial disputes following a genuine, voluntary settlement, notwithstanding the non-compoundable nature of the offences.

The Court found that the dispute was matrimonial and had been finally settled through mediation.

The parties had divorced by mutual consent, the full settlement amount had been paid, and respondent No. 2 confirmed that she did not wish to pursue the matter.

The State had no objection to the petition, and the Court considered the settlement sufficient to exercise its inherent power consistently with the principles in Jitendra Raghuvanshi.

It quashed FIR No. 673/2024, registered at PS Nand Nagri under Sections 85, 316, 351 and 3(5) BNS, together with all consequential proceedings, and allowed and disposed of the petition.