Matrimonial cruelty and dowry proceedings may be quashed when parties amicably settle their private dispute.

The marriage between Petitioner No. 1 and Respondent No. 2 took place on 11 December 2018, and they have one child.

After the parties began living separately, Respondent No. 2 complained of physical and mental harassment relating to dowry demands.

FIR No. 569/2022 was registered at P.S. Najafgarh under Sections 498A, 406 and 34 IPC, and a charge sheet was filed.

The parties later settled their disputes through mediation on 21 March 2024.

They obtained a mutual-consent divorce; Petitioner No. 1 paid the settlement amount of ₹4,00,000 and returned the dowry articles.

Respondent No. 2 agreed to seek quashing of the pending proceedings, with the child’s custody remaining with her and visitation rights granted to Petitioner No. 1.

Before the Court, Respondent No. 2 confirmed the settlement was voluntary and stated she had no objection to quashing the FIR.

Whether the High Court should exercise its inherent powers under Section 528 BNSS to quash the FIR and consequential proceedings under Sections 498A, 406 and 34 IPC in light of the parties’ settlement.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers inherent powers on the High Court, which may be exercised to secure the ends of justice.

The Court considered whether continuation of the criminal proceedings would serve a useful purpose where the dispute was primarily private in nature, the parties had settled it, and the complainant did not wish to pursue the charges.

The FIR alleged offences under Sections 498A, 406 and 34 IPC.

No precedent was cited in the judgment.

The Court accepted that the parties had amicably settled their dispute and that the settlement had been performed: the divorce was granted, the full settlement amount and dowry articles had been received, and Respondent No. 2 had voluntarily consented to quashing.

Given the private nature of the dispute and the complainant’s decision not to press the charges, the Court concluded that continuing the criminal proceedings would serve no useful purpose and that quashing was appropriate to secure the ends of justice under Section 528 BNSS.

The parties’ original affidavits were directed to be submitted to the Trial Court and the concerned SHO/IO within four weeks.