Matrimonial criminal proceedings may be quashed upon the spouses’ voluntary settlement.

The wife lodged a complaint leading to Crime No.129/2022 against her husband and his relatives, alleging offences under Sections 3 and 4 of the Dowry Prohibition Act and Section 498A read with Section 34 of the IPC.

The husband and relatives sought quashing of the criminal proceedings; the husband also challenged an order made in Criminal Miscellaneous Case No.700/2022 before the Family Court.

In the connected writ petition, the parties filed a compromise agreeing to pay the wife ₹1 crore in four instalments, withdraw their allegations and pending cases, and dissolve their marriage.

1. Whether the criminal proceedings in Crime No.129/2022 should be quashed in view of the parties’ settlement.

2. Whether the challenged Family Court order should be set aside and the parties’ agreed arrangements concerning divorce and the settlement amount given effect.

The Court considered the parties’ compromise petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, and exercised its criminal quashing and writ jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, and Articles 226 and 227 of the Constitution.

The judgment cites no precedent. It accepted the parties’ settlement as the basis for quashing the criminal prosecution and issuing consequential directions.

The parties appeared with counsel and jointly confirmed the settlement, including the ₹1 crore payment, withdrawal of claims and pending proceedings, and their agreement to dissolve the marriage.

The Court took the compromise on record and, on that basis, quashed the criminal prosecution against the husband and his relatives and set aside the Family Court order.

Having noted the interests of the wife and the minor child, it directed that the full settlement amount be placed in a fixed deposit in their joint names until the child attains majority, or invested in property in their joint names if the wife so chooses.

It quashed the prosecution in Crime No.129/2022, set aside the order dated 25 March 2024 in Criminal Miscellaneous Case No.700/2022, and directed the parties to obtain a divorce decree in M.C.No.4274/2021 after payment of the full settlement amount.

The Family Court was directed to grant the decree subject to that payment; the settlement funds were to be protected for the wife and minor child as directed.