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

Respondent no. 2 lodged FIR No. 577/2022 against her husband and mother-in-law under Sections 498A, 406 and 34 IPC, alleging, among other things, unlawful dowry demands and refusal to return her jewellery.

The spouses had lived separately since 29 August 2021, and a chargesheet was filed on 11 May 2023.

They later settled their matrimonial disputes under an agreement dated 9 December 2024, which provided for payment of ₹10,00,000 to respondent no. 2 in instalments.

The marriage was dissolved, and the final instalment was paid in Court; respondent no. 2 confirmed receipt and stated that she did not wish to pursue the case.

She also affirmed that the settlement was voluntary.

1. Whether the High Court could quash proceedings for non-compoundable offences under Sections 498A, 406 and 34 IPC under Section 528 BNSS on the basis of a settlement in a matrimonial dispute.

2. Whether the settlement was voluntary and had been acted upon so as to warrant quashing the FIR and consequential proceedings.

Section 528 of the BNSS, corresponding to Section 482 CrPC, preserves the High Court’s inherent power to quash criminal proceedings to secure the ends of justice.

That power may be exercised in respect of non-compoundable offences where the dispute is private, the parties have genuinely and voluntarily settled it, and quashing would not adversely affect an overriding public interest.

Relying on Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, the Court reiterated that Section 320 CrPC does not bar quashing matrimonial proceedings under the High Court’s inherent powers where the parties have amicably resolved their differences.

Although the offence under Section 498A IPC was non-compoundable, the dispute arose from matrimonial relations and had been settled.

The parties had divorced, the agreed settlement amount had been paid in full, and respondent no. 2 confirmed both receipt of payment and her desire not to pursue the proceedings.

Having interacted with her and satisfied itself that the agreement was voluntary and free from coercion or undue influence, the Court found no reason to continue the prosecution.

FIR No. 577/2022, registered at PS Sagarpur under Sections 498A, 406 and 34 IPC, and all proceedings arising from it, were quashed.

The parties remain bound by the settlement agreement, and the petition and pending applications were disposed of.