Quashing of matrimonial criminal proceedings under Section 528 BNSS following amicable settlement and compromise between parties.

The Applicants filed a petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), challenging the proceedings of Criminal Case No. 920 of 2024, State vs. Shanker Rastogi and others, pending before the Additional Chief Judicial Magistrate, Khatima.

The case involved charges under Sections 498A, 323, 504, and 506 of the IPC and Sections 3/4 of the Dowry Prohibition Act, 1961.

Concurrent with the main application, a compounding application (IA No. 1/2026) was filed, stating that Applicant No. 1 and Respondent No. 2 had reconciled their temperamental differences and no longer wished to pursue the litigation.

The parties appeared in person before the Court and were identified by their respective counsel.

Whether the High Court, exercising its inherent powers under Section 528 of the BNSS, should quash criminal proceedings involving matrimonial and personal disputes when the parties have reached an amicable settlement?

The Court primarily applied Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 482 CrPC), regarding the inherent powers of the High Court to prevent abuse of the process of law.

It further relied on the principles established by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab (2012) 10 SCC 303 and Dimpey Gujral vs. Union Territory of Chandigarh (2012), which hold that criminal proceedings may be quashed if the Court is satisfied that the dispute is private or matrimonial in nature and has been settled amicably to restore peace and harmony.

The Court examined the joint submission of the parties, which indicated that the criminal proceedings arose from misunderstandings that have since been resolved.

Upon personal interaction with the Applicants and Respondent No. 2, the Court noted that the parties had voluntarily entered into a compromise and endorsed the compounding application with their signatures and supporting affidavits.

The Court observed that in matrimonial disputes where reconciliation has been achieved, the grounds for compounding are sufficient.

By applying the precedent from Gian Singh, the Court determined that quashing the proceedings was necessary to give effect to the settlement and to maintain harmony between the parties, as the dispute was essentially personal.

The Court held that since the parties settled their dispute amicably, continuing the prosecution would be futile.

The Criminal Miscellaneous Application filed under Section 528 of the BNSS was disposed of accordingly.