Inherent jurisdiction may quash rape proceedings where adult partners marry, reunite, and continuation serves no useful purpose.

The petitioner sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, of the proceedings in Sessions Case No. 14/2021 arising from FIR No. 202/2020 registered at Police Station Soorsagar, Jodhpur, for offences under Sections 376, 376(2)(n), 377, 384, 506 and 450 IPC.

The petitioner and the prosecutrix had allegedly married in 2020 when both were majors; however, they returned to their respective homes, and the FIR was subsequently lodged under family pressure.

In December 2025, the prosecutrix again eloped with the petitioner, after which both families accepted their relationship.

Since 25 December 2025, they had been residing together as husband and wife at the petitioner’s residence.

Although the trial was at an advanced stage and most prosecution witnesses, including the prosecutrix’s parents, had been examined, the prosecutrix and her counsel supported the settlement and did not oppose quashing.

The prosecutrix stated before the Court that she had no grievance against the petitioner and wished to continue her matrimonial life with him.

1. Whether the High Court could exercise its inherent jurisdiction under Section 528 BNSS to quash proceedings involving serious and non-compoundable offences under Sections 376, 376(2)(n), 377, 384, 506 and 450 IPC on the basis of settlement and the parties’ continuing matrimonial relationship.

2. Whether continuation of the prosecution, despite the prosecutrix’s unequivocal stand and the parties’ settled matrimonial relationship, would amount to an abuse of the process of law or serve any useful purpose.

Section 528 BNSS preserves the High Court’s inherent power to make orders necessary to give effect to any order under the Sanhita, prevent abuse of process, or secure the ends of justice.

The Court relied on Prashant Bhartiya v. State of Delhi, Criminal Appeal No. 708/2021, for the principle that even proceedings involving serious offences may be quashed in exceptional circumstances where the dispute has been settled and continuation would serve no useful purpose.

It further relied on Madhukar & Ors. v. State of Maharashtra, 2025 INSC 819, holding that although offences corresponding to rape are grave and ordinarily should not be quashed merely on compromise, the inherent jurisdiction is not governed by a rigid formula and may be exercised according to the peculiar facts of each case.

The Court also referred to Mahesh Mukund Patel v. State of U.P., 2025 SCC OnLine SC 614, where continuation of proceedings was held futile after the prosecutrix married the accused, settled her life and did not wish to pursue the prosecution.

The Court treated the case as exceptional because the parties had allegedly married when both were majors, their relationship had continued for approximately six years, and they had voluntarily resumed cohabitation as husband and wife despite the pending prosecution.

The prosecutrix’s categorical statement that the FIR had been lodged due to family pressure, that she had no grievance against the petitioner, and that she wished to continue the marriage materially weakened the utility of further prosecution.

Applying the principles governing inherent jurisdiction, the Court held that the gravity of the alleged offences and the advanced stage of trial did not impose an absolute bar where the prosecution had become futile and its continuation would cause hardship to the parties and jeopardise their settled matrimonial life.

The Court consequently concluded that allowing the proceedings to continue would neither advance the cause of justice nor achieve the object of criminal law, and would instead amount to abuse of process.

Exercising jurisdiction under Section 528 BNSS, the High Court quashed the entire criminal proceedings in Sessions Case No. 14/2021, arising from FIR No. 202/2020 at Police Station Soorsagar, Jodhpur, for offences under Sections 376, 376(2)(n), 377, 384, 506 and 450 IPC, along with all consequential proceedings.

Pending applications, if any, were also disposed of.