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

The applicant-husband sought to quash the charge-sheet, the summoning order dated 19 December 2020, and the proceedings in Criminal Case No. 1166 of 2020, arising from allegations under Sections 323, 498-A, 504 and 506 IPC and Sections 3/4 of the Dowry Prohibition Act

The applicant and respondent no. 3, his wife, stated that they had amicably resolved their matrimonial dispute, were living together peacefully, and did not wish to continue the prosecution. They filed a joint compounding application and affidavits, and confirmed the settlement before the Court by video conference

The State opposed quashing on the ground that Section 498-A IPC is non-compoundable, but did not dispute the settlement

The Court relied on its inherent jurisdiction under Section 482 CrPC and referred to the corresponding BNSS provision, printed in the judgment as “Section 522 B.N.S.S.”

It applied the principle that, in appropriate matrimonial disputes, proceedings involving non-compoundable offences may be quashed where the compromise is genuine and continuation of the prosecution would be futile or would amount to an abuse of process. The Court relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, for that principle

The Court found that the dispute arose from matrimonial discord and that both spouses personally confirmed their voluntary settlement and peaceful cohabitation; the wife expressly stated that she did not wish to prosecute the applicant

Although Section 498-A IPC is non-compoundable, the Court held that the settlement and circumstances justified exercising inherent jurisdiction. It reasoned that continuing the proceedings would disturb the parties’ restored matrimonial relationship

The C-528 application was allowed, and any pending applications were disposed of