Matrimonial criminal proceedings may be quashed where the parties settle and the complainant no longer wishes to prosecute.

The applicant and respondent no. 2 married on 22 February 2015 and began living separately in September 2015 following matrimonial differences.

Respondent no. 2 lodged an FIR alleging dowry-related cruelty and harassment; after investigation, a charge-sheet was filed and the trial court took cognizance of offences under Sections 498-A, 323 and 504 IPC and Sections 3/4 of the Dowry Prohibition Act.

The parties later obtained a divorce decree on 23 June 2023 in proceedings under Section 13-B of the Hindu Marriage Act, 1955, and reached a full and final settlement.

Before the High Court, respondent no. 2 confirmed that she did not wish to pursue the criminal proceedings and had no objection to their being quashed.

Whether the charge-sheet, cognizance/summoning order and criminal proceedings arising from the matrimonial dispute should be quashed in light of the parties’ divorce and settlement.

Whether the High Court should exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, subject to that provision’s applicability to the pending proceedings, to grant such relief.

The Court invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which preserves the High Court’s inherent power to make orders necessary to give effect to an order under the Sanhita, prevent abuse of the process of a court, or secure the ends of justice.

The judgment cites no precedent and does not set out any further legal test; it notes that the provision’s applicability to the pending proceedings is subject to determination.

The Court treated the case as a matrimonial dispute between parties whose marriage had been dissolved and whose differences had been amicably settled.

Respondent no. 2’s unequivocal statement that she did not wish to pursue the prosecution supported the Court’s conclusion that continuing the proceedings would serve no useful purpose and could unnecessarily prolong the dispute.

On that basis, and to secure the ends of justice and prevent abuse of process, the Court considered quashing appropriate under its inherent jurisdiction, subject to the stated qualification concerning Section 528 BNSS.

Pending applications, if any, were also disposed of.