Quashing of FIR for Non-Compoundable Matrimonial Offences Permissible Upon Amicable Settlement and Remarriage of Parties

The petitioners sought the quashing of FIR No. 1416/2023 registered at P.S. Nihal Vihar under Sections 498A/406/34 of the IPC, to which Sections 354/377 were later added following allegations of unnatural sex.

the parties, who married on 27.04.2021, separated due to matrimonial discord and subsequently entered into a settlement agreement before the Counselling Cell, Family Courts, Rohini, on 06.11.2024.

Under the settlement, the petitioners agreed to pay a total of Rs. 13,50,000 to Respondent No. 2.

A decree of divorce by mutual consent was granted on 31.01.2025, and both parties have since remarried.

The Joint Registrar (Judicial) confirmed the full payment of the settlement amount and the respondent’s "no objection" to the quashing of the FIR.

1. Whether the High Court should exercise its inherent powers to quash criminal proceedings arising out of a matrimonial dispute when the parties have reached a settlement and moved on in their respective lives?

The Court primarily exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 482 CrPC), to prevent the abuse of the process of law and secure the ends of justice.

the principle that where a dispute is predominantly private or matrimonial in nature and does not involve a significant public interest, criminal proceedings may be quashed upon a bona fide settlement, as continuing such proceedings would serve no useful purpose.

The Court observed that the conflict was essentially a private matrimonial dispute and that the parties had resolved all differences through mediation.

It noted that the total settlement amount of Rs. 13,50,000 had been duly paid to and realized by Respondent No. 2. The Court took significant note of the fact that a divorce decree had already been granted and both the petitioner and the respondent had remarried, signifying they had "moved on".

Despite the inclusion of serious charges like Section 377 IPC, the Court found that since the complainant no longer wished to press charges and the matter was settled, the continuation of the trial would be a futile exercise and an unnecessary burden on the judicial system.

The Court quashed FIR No. 1416/2023 and all consequential proceedings, subject to the petitioners depositing a cost of Rs. 25,000 with the Delhi High Court Legal Services Committee (DHCLSC) within four weeks.