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Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.
By this application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicants seek quashing of First Information Report (FIR) bearing No. 735/2025 dated 17.09.2025 registered with Police Station, Khadan, Akola for the offence punishable under Sections 498-A, 323, 294, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC) and Charge sheet No. 336/2025 as well as consequent proceeding bearing Regular Criminal Case No. 1890/2025 pending before the 6th Joint Judicial Magistrate, First Class, Akola on the ground of settlement.
The case of the prosecution, in brief, is as under :
i] Applicant no.1 is the husband of the complainant/non-applicant no.2. Whereas, applicant nos.2 to 5 are the relatives of the husband of the complainant. The marriage of the complainant with applicant no.1 was solemnized on 16.03.2012. After marriage the complainant went to reside with applicant no.1 at her matrimonial house where other applicants were also residing.
ii] On 17.09.2025, the complainant lodged report against the applicants alleging that from the very beginning her mother-in-law and sister-in-law used to taunt her for not bringing adequate dowry in her marriage and mentally harassed her on that count. They also allegedly used to harass her for not bearing child. It is further alleged that in the year 2017, applicant no.1 informed the complainant that he was taking loan in her name for aqua water plant business. When the complainant did not consent for the same, applicant no.1 allegedly abused her and threatened to oust her from the matrimonial house. However, out of fear, the complainant permitted applicant no.1 for obtaining loan in her name. Applicant no.1 was a liquor addict. In April-2023, applicant no.1 mortgaged gold ornaments of the complainant behind her back for construction of guest house,. When the complainant questioned applicant no.1 in this regard, applicant no.1 and other applicants allegedly abused her and threatened to oust her from the matrimonial house.
iii] In January-2025, when the complainant checked mobile phone of applicant no.1, she came to know that applicant no.1 was having an extramarital affair with a woman residing in the same apartment. It is also alleged that when the complainant enquired with applicant no.1, he abused her in filthy language and also assaulted her by fist and kick blows. In February-2025, applicant no.1 allegedly dropped the complainant at her paternal house and since then she is residing at her paternal house. On the basis of said report, the FIR came to be registered against the applicants for the aforesaid offences.
Heard Mr. S. D. Songade, learned counsel appearing for the applicants, Mrs. M. J. Khan, learned Additional Public Prosecutor appearing for non-applicant no.1/State and Mr. C. N. Wankhede, learned counsel appearing for non-applicant no.2/ complainant.
It is informed that the dispute between the complainant and the applicants has been settled. The complainant appeared through her counsel and filed an affidavit to that effect. It is taken on record and marked as “Exh.X” for identification.
The complainant has stated in the affidavit (Exh.”X”) that the matter has been settled amicably between the applicants and herself on certain terms and conditions. The complainant and applicant no.1 have decided to part their ways and have filed proceedings for decree of divorce by mutual consent. It is further stated that the complainant does not want to continue with the criminal prosecution against the applicants and she has no objection if the FIR and the charge-sheet against the applicants are quashed.
The complainant is personally present before the Court today. She is duly identified by her counsel. On an inquiry with the complainant, she has reiterated the facts stated in the affidavit.
Learned APP for the State raised an objection to the settlement arrived between the parties on the ground that the offence under Section 498-A of the IPC, registered against the applicant is non-compoundable in nature. Hence, the parties cannot settle the dispute amongst themselves.
With regards to the compoundability of offence, the Supreme Court in the case of Narinder Singh and others Vs. State of Punjab and another, reported in (2014) 6 SCC 466 has observed that “power conferred under Section 482 of the Cr.P.C. is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Cr.P.C. No doubt, under Section 482 of the Cr.P.C. the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution”.
Reliance can also be placed on the decision in the case of B.S. Joshi and Ors. Vs. State of Haryana and Anr., reported at (2003) 4 SCC 675, wherein the Supreme Court in paragraph 14 has observed as under :
“14.There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Penal Code, 1860 was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the Penal Code, 1860.”
In the present case, the dispute is of a private nature arising out of matrimonial discord. It also does not involve any issue affecting the society at large. It is a matrimonial dispute and the applicants and the complainant have resolved their dispute. The complainant and applicant no.1 have decided to part their ways to move on in their life. They have already filed the proceedings for divorce by mutual consent before the Family Court, Akola. The continuation of prosecution will be hindrance in leading their peaceful life. In these circumstances, continuation of the criminal proceedings would serve no fruitful purpose. Therefore, in my view, this is a fit case for the exercise of inherent powers under Section 528 of the BNSS (old Sec.482 of Cr.P.C.) to secure the ends of justice and to prevent abuse of the process of the Court. Hence, the following order :
ORDER
The Criminal Application is allowed.
First Information Report bearing No. 735/2025 dated 17.09.2025 registered with Police Station, Khadan, Akola for the offence punishable under Sections 498-A, 323, 294, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and Charge sheet No. 336/2025 as well as consequent proceeding bearing Regular Criminal Case No. 1890/2025 pending before the 6th Joint Judicial Magistrate, First Class, Akola, are quashed and set aside qua the applicants, subject to the applicants depositing cost of Rs.10,000/-(Rupees Ten thousand only) in the “Public Welfare Account” maintained with the Union Bank of India, High Court Branch, Nagpur, bearing Account No. 129712010001014 and IFSC Code UBIN0812978, within two weeks from today.
The application stands disposed of in the above terms.