High Courts may quash non-compoundable matrimonial proceedings upon genuine settlement where no public interest is impaired.

The petitioners sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), of FIR No. 0402/2021, registered under Sections 498A, 306 and 34 of the Indian Penal Code, 1860 (“IPC”), and the consequential proceedings, on the basis of a settlement

The parties executed a settlement deed on 21 August 2026, providing for petitioner no. 1 to pay respondent no. 2 ₹5,00,000 as full and final settlement of her claims and for their cooperation in seeking quashing of the FIR

After ₹3,00,000 had been paid, petitioner no. 1 handed respondent no. 2 a demand draft for the remaining ₹2,00,000 in court; respondent no. 2 accepted it, confirmed receipt of the full settlement amount, and stated that she did not wish to pursue the case

The Court was also informed that the parties had obtained a mutual-consent divorce and had no child.

1. Whether the High Court could exercise its inherent jurisdiction under Section 528 BNSS to quash proceedings for non-compoundable offences under Sections 498A, 306 and 34 IPC on the basis of a matrimonial settlement

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

Section 528 BNSS preserves the High Court’s inherent power to make orders necessary to secure the ends of justice; that power may extend to quashing proceedings for non-compoundable offences where the parties have genuinely settled their dispute and quashing would not adversely affect an overriding public interest

Relying on Jitendra Raghuvanshi and Others v. Babita Raghuvanshi and Another, (2013) 4 SCC 58, the Court stated that High Courts may quash criminal proceedings arising from matrimonial disputes to give effect to genuine, voluntary settlements, notwithstanding that the offences are non-compoundable

The Court found that the parties had resolved their matrimonial disputes through the settlement deed, that the full agreed sum had been paid and accepted, and that respondent no. 2 freely confirmed she did not wish to pursue the matter

It also noted the mutual-consent divorce, the absence of a child, and the State’s lack of serious objection.

Applying the principle that non-compoundability does not bar quashing in a genuinely settled matrimonial dispute, the Court concluded that quashing was appropriate in the circumstances

It quashed FIR No. 0402/2021, registered at Police Station K.N. Katju Marg under Sections 498A, 306 and 34 IPC, and all consequential proceedings; the petition and pending application were disposed of accordingly.