Non-compoundable matrimonial proceedings may be quashed after a voluntary settlement between the parties.

The marriage between petitioner no. 1 and respondent no. 2 took place on 7 July 2019, and they have one minor child. Respondent no. 2’s complaint led to registration of FIR No. 684/2021 at PS Dwarka North under Sections 498A/406/34 IPC; a chargesheet was later filed under Sections 498A/406/506/34 IPC. Related domestic-violence and maintenance proceedings were also initiated

The parties settled their disputes through a mediation settlement dated 16 April 2026, providing for payment of ₹15,50,000 to respondent no. 2. After mutual-consent divorce, petitioner no. 1 paid the remaining ₹7,00,000 by demand draft in court. Respondent no. 2 confirmed that she did not wish to pursue the matter

Whether the High Court should exercise its inherent jurisdiction under Section 528 BNSS to quash the FIR and consequential proceedings for non-compoundable matrimonial offences after the parties have settled their disputes

Whether quashing the proceedings should be made subject to protection of the minor child’s rights

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 482 CrPC, preserves the High Court’s inherent power to quash criminal proceedings to secure the ends of justice

Although Section 498A IPC is non-compoundable, the Supreme Court in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, held that the High Court may quash proceedings arising from matrimonial disputes where the settlement is genuine and voluntary, notwithstanding the non-compoundable nature of the offences, provided the exercise serves the ends of justice

The Court found that the parties had amicably settled their disputes, obtained a mutual-consent divorce, and completed the agreed payment, with respondent no. 2 accepting the final ₹7,00,000 and confirming that she did not wish to continue the case

Applying the principle in Jitendra Raghuvanshi, the Court concluded that the settlement justified quashing the matrimonial criminal proceedings despite the non-compoundable nature of Section 498A IPC. It addressed the State’s concern regarding the child by expressly preserving the minor’s rights

The order expressly clarified that the parties’ settlement would not affect the rights of the minor child