Quashing of Matrimonial Offenses Permissible Under BNSS Section 528 Upon Amicable Settlement and Dissolution of Marriage.

The petitioners sought the quashing of FIR No. 0562/2022 registered at P.S. Alipur under Sections 498A/406/34 of the IPC.

The marriage between Petitioner No. 1 and Respondent No. 2, solemnized on December 10, 2020, broke down due to temperamental differences, leading to separate residence and criminal complaints.

Although the FIR pertained to matrimonial cruelty, subsequent statements included allegations of unnatural sex (Section 377 IPC) against the husband and outraging modesty against the brother-in-law.

During the pendency of the trial, the parties reached an amicable settlement via the Mediation Centre, Rohini District Courts, on January 15, 2026.

A mutual consent divorce was obtained on April 15, 2026, and the Respondent No. 2 received a total settlement of Rs. 7 lacs and her jewellery articles, subsequently expressing "no objection" to quashing the proceedings.

1. Whether the High Court should exercise its inherent powers to quash non-compoundable criminal proceedings arising out of matrimonial disputes on the basis of a voluntary settlement between parties.

2. Whether the gravity of additional allegations (e.g., Section 377 IPC) precludes the quashing of the FIR if the primary dispute is matrimonial and private in nature.

The court primarily applied Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 482 of the CrPC), regarding the inherent powers of the High Court.

Gian Singh v. State of Punjab & Anr. (2012)

The court relied on Narinder Singh & Ors. vs. State of Punjab & Anr. (2014), which established that proceedings in non-compoundable cases can be quashed if the court is satisfied that the purpose of continuing the trial is non-existent and the chance of conviction is remote or bleak due to a settlement.

The court observed that the dispute was essentially private and matrimonial in nature, lacking any significant public interest.

It scrutinized the settlement process, noting that Respondent No. 2 appeared in person, was duly identified, and confirmed receiving the full settlement amount of Rs. 7 lacs and her istridhan.

The court addressed the specific allegations under Section 377 IPC, noting the Respondent’s submission that the FIR was primarily a result of temperamental differences and her desire to move on with her life.

Applying the principles from Narinder Singh, the court reasoned that since the parties had already obtained a divorce and settled all financial claims, continuing criminal prosecution would serve no useful purpose and would be a futile exercise of judicial resources given the remote possibility of conviction.

The court quashed FIR No. 0562/2022 and all consequential proceedings, subject to the petitioners depositing a cost of Rs. 10,000/- with the Delhi High Court Legal Services Committee (DHCLSC) within four weeks and submitting proof of deposit and original affidavits to the Trial Court.