Matrimonial FIRs may be quashed under Section 528 BNSS after bona fide settlement of private disputes.

The petitions arose from matrimonial disputes between the petitioner-husband and Respondent No. 2/complainant. In CRL.M.C. 6572/2026, the husband sought quashing of FIR No. 293/2021 registered at P.S. Neb Sarai under Sections 323/354C/377/383/506 IPC. The complainant had alleged, inter alia, unnatural sexual acts, attempted extortion by threats concerning her photographs, and other acts of cruelty.

In CRL.M.C. 6547/2026, the husband and his parents, brother and sister were accused in FIR No. 436/2023, registered at P.S. Neb Sarai under Sections 498A/406/34 IPC. Chargesheets had been filed in both matters, though charges had not yet been framed in the latter case.

During proceedings concerning maintenance, the parties were referred to the Principal Counsellor attached to the Family Court, South District, Saket, where they entered into a settlement dated 11 March 2026 and agreed to part ways amicably. Their marriage was subsequently dissolved by mutual consent on 20 May 2026. The complainant agreed to receive ₹14,00,000 in full and final settlement of her claims relating to istridhan, alimony and maintenance; ₹10,00,000 had already been paid and the balance ₹4,00,000 was paid by demand draft during the hearing. She also confirmed the agreed custody and visitation arrangement concerning their daughter and stated that she had entered into the settlement voluntarily and had no objection to quashing of the FIRs.

Whether the High Court should exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash FIR No. 293/2021 and the consequential criminal proceedings on the basis of a matrimonial settlement?

Whether FIR No. 436/2023, alleging offences under Sections 498A/406/34 IPC against the husband and his relatives, should likewise be quashed after the parties resolved all their disputes and the complainant expressly consented to quashing?

The Court applied Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which preserves the High Court’s inherent powers to make orders necessary to give effect to the BNSS, prevent abuse of the process of court, or secure the ends of justice.

The Court relied on the principle that criminal proceedings arising primarily from private and matrimonial disputes may be quashed when the parties have genuinely and voluntarily settled their disputes, the complainant does not wish to pursue the allegations, and continuation of the proceedings would serve no useful purpose, provided the dispute does not involve overriding public interest.

The substantive allegations were under Sections 323/354C/377/383/506 and 498A/406/34 IPC.

The Court verified the complainant’s presence and identification and recorded her confirmation of the settlement, receipt of the agreed monetary settlement, voluntary consent, forgiveness of the husband, and absence of objection to quashing the FIRs.

Since the disputes arose out of the matrimonial relationship, had been comprehensively settled, and the marriage had already been dissolved by mutual consent, the Court treated them as essentially private in nature. In view of the complainant’s unwillingness to pursue the allegations and the absence of any apparent public interest requiring continuation of the prosecution, the Court held that further criminal proceedings would serve no useful purpose. It therefore exercised its inherent jurisdiction under Section 528 BNSS to secure the ends of justice.

The parties’ settlement was accepted, and the petitions were disposed of accordingly. The original affidavits filed by the parties were directed to be submitted before the Trial Court within four weeks for incorporation into the trial record.