Non-compoundable matrimonial offences may be quashed under Section 482 CrPC following amicable settlement.

The petitioner-husband challenged, under Section 482 of the Code of Criminal Procedure, the order dated 26 August 2015 passed by the Judicial Magistrate, 1st Class, Masaurhi, Patna, in Complaint Case No. 336(c) of 2015.

The Magistrate found a prima facie case under Sections 498-A, 379 and 323 of the Indian Penal Code and issued process against the petitioner and the other accused persons.

The complainant alleged that, after her marriage with the petitioner on 24 February 2007, she was subjected to dowry-related cruelty, assault, cigarette burns and deprivation of contact with her parental family.

She further alleged that on 25 July 2015 she was assaulted, expelled from the matrimonial home and deprived of her gold jewellery.

During the pendency of the proceedings, the parties entered into a compromise, began residing together from 23 January 2017, and stated that they were peacefully continuing their marital relationship. The complainant expressly did not wish to pursue the criminal case.

Whether the High Court could exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash proceedings involving non-compoundable offences under Sections 498-A, 379 and 323 IPC on the basis of an amicable settlement in a matrimonial dispute?

Whether, in view of the parties’ compromise and their continued cohabitation, continuation of the criminal proceedings would amount to an abuse of the process of the court and serve no useful purpose?

The Court applied Section 482 Cr.P.C., which preserves the High Court’s inherent power to prevent abuse of the process of any court and to secure the ends of justice.

It distinguished this power from the statutory power of compounding offences under Section 320 Cr.P.C., holding that the High Court may, sparingly and with caution, quash even non-compoundable offences where the parties have genuinely settled their dispute.

The Court relied on Narinder Singh v. State of Punjab, (2014) 6 SCC 466, which recognises the High Court’s power under Section 482 Cr.P.C. to quash criminal proceedings on the basis of settlement, particularly where the dispute is essentially private or matrimonial, subject to cautious exercise of discretion.

It also relied on Naushey Ali v. State of U.P., (2025) 4 SCC 78, for the principle that continuation of a criminal trial after an amicable resolution may be futile and may constitute an abuse of process when the ends of justice require the settlement to be given effect.

The Court noted that the complaint initially disclosed allegations of matrimonial cruelty, assault and misappropriation, and that the Magistrate had consequently issued process after considering the complainant’s statement and the enquiry material.

However, the subsequent joint compromise, the complainant’s statement that she no longer wished to prosecute, and the parties’ peaceful cohabitation since 23 January 2017 demonstrated that the dispute had been amicably resolved and was primarily matrimonial in nature.

Applying the principles in Narinder Singh and Naushey Ali, the Court held that the non-compoundable character of Section 498-A IPC did not prevent the exercise of inherent jurisdiction under Section 482 Cr.P.C.

The continuation of the prosecution, despite the settlement and restoration of the marital relationship, would serve no useful purpose and would amount to an abuse of the process of the court.

Accordingly, the order taking cognizance and issuing process for offences under Sections 498-A, 379 and 323 IPC in Complaint Case No. 336(c) of 2015, together with all consequential proceedings, was quashed and set aside.

The petition was allowed, and pending interlocutory applications were disposed of.