The High Court of Delhi, in a judgment delivered on November 14, 2025, quashed an FIR registered under Sections 498A/406/34 of the Indian Penal Code, 1860, after the parties to the matrimonial dispute reached an amicable settlement.
Justice Sanjeev Narula, exercising the Court’s inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Cr.P.C.), held that continuing the criminal proceedings would serve no purpose and would amount to an abuse of the process of the court.
Background of the Case
The petition (W.P.(CRL) 3754/2025) was filed by the husband (Petitioner No. 1) and his in-laws (Petitioners No. 2 to 6) seeking the quashing of FIR No. 0664/2024, registered at P.S. Harsh Vihar.
The marriage between Petitioner No. 1 and Respondent No. 2 (the complainant-wife) was solemnized on May 9, 2023. The judgment notes that “due to matrimonial discord and temperamental differences, the relationship between the parties deteriorated,” and they had been living separately since October 27, 2023. No child was born from the marriage.
Subsequently, Respondent No. 2 lodged a complaint alleging she was subjected to cruelty, which culminated in the registration of the impugned FIR.
Settlement and Submissions
During the proceedings, the Court was informed that the parties had “of their own free will, without any coercion, pressure or undue influence” resolved all their disputes. They executed a Settlement Deed dated July 3, 2025, under which Petitioner No. 1 agreed to pay a total sum of INR 5,00,000/- to Respondent No. 2.
Pursuant to this settlement, the parties had already obtained a decree of divorce by mutual consent from the Principal Judge, Family Court, Karkardooma Courts, Delhi, on August 19, 2025.
Respondent No. 2 appeared in person before the High Court and was duly identified by the Investigating Officer. She confirmed the settlement and gave her “no objection” to the quashing of the FIR. She affirmed the receipt of INR 4,00,000/- as per the agreement and received the balance payment of INR 1,00,000/- by way of a demand draft tendered in court.
Counsel for both parties jointly prayed for the quashing of the FIR in light of the settlement.
Court’s Analysis and Reasoning
Justice Narula acknowledged that the offence under Section 498A of the IPC is non-compoundable. However, the Court referred to established legal principles granting the High Court power to quash such proceedings to secure the ends of justice.
The judgment extensively cited the Supreme Court’s decision in Narinder Singh & Ors. v. State of Punjab & Anr., which laid down guidelines for High Courts. The High Court noted the principle that its inherent power under Section 482 of the Cr.P.C. is to be “exercised sparingly and with caution” to secure the “ends of justice” or “to prevent abuse of the process of any court.”
Quoting the Narinder Singh case, the Court highlighted that while “heinous and serious offences” like murder or rape cannot be quashed on compromise, “those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of… matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.”
The Court also relied on Parbatbhai Aahir & Ors. v. State of Gujarat & Anr., which reiterated that the power to quash under Section 482 is attracted even if the offence is non-compoundable. The Supreme Court had observed that in such cases, the High Court should quash the proceeding if “the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice.”
Applying these principles, Justice Narula concluded, “Considering the nature of dispute and the fact that the parties have amicably entered into a settlement, this Court is of the opinion that the present case is fit to exercise jurisdiction under Section 528 of BNSS as no purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.”
Final Decision
The High Court allowed the petition and ordered that the impugned FIR No. 0664/2024 registered at P.S. Harsh Vihar and all consequential proceedings arising therefrom “are hereby quashed.” The Court further directed that “The parties shall abide by the terms of settlement.”
