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Judgment
MINI PUSHKARNA, J. (Oral):
The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)/Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”), seeking quashing of the First Information Report (“FIR”), being FIR No. 11/2018, dated 17th January, 2018, registered at Police Station (“PS”) Dwarka North, Dwarka, Delhi, under Sections 354B/323/328/34 of the Indian Penal Code, 1860 (“IPC”), and all consequential proceedings emanating therefrom, on the ground of settlement between the parties.
Issue Notice.
Notice is accepted by the learned Additional Public Prosecutor (“APP”) for the State as well as by the learned counsel appearing for respondent no. 2.
The parties, i.e., the petitioners as well as respondent no. 2, are present before this Court, and are duly identified by their respective counsels as well as the Investigating Officer (“IO”), who is also present before this Court.
The captioned petition is taken up for disposal with the consent of the parties.
The relevant facts for the adjudication of the captioned petition, culled out from the documents on record, are as follows:
The marriage between respondent no. 2 and petitioner no. 2 was solemnised in 2006.
The FIR in question came to be registered on 17th January, 2018, pursuant to a statement made on behalf of respondent no. 2, i.e., the complainant, wherein, she has alleged mental and physical harassment and assault by the petitioners.
Charges have been framed against the petitioners by the Metropolitan Magistrate, Mahila Court – 03, Dwarka Courts, Delhi, vide order dated 05th November, 2018, in respect of the FIR in question.
During the pendency of proceedings, the parties have entered into an amicable settlement of all their disputes vide Memorandum of Settlement/Settlement Deed (“MOU”) dated 25th September, 2026, whereby, the parties have agreed to cooperate in quashing of the FIR in question.
This Court is informed that the parties have settled their disputes and petitioner no. 2, i.e., the husband and respondent no. 2, i.e., the wife, have been staying together since the year 2024.
Learned counsels for the parties submit that the parties have resolved all their disputes for the sake of their two children.
The Court is informed that petitioner no. 2 and respondent no. 2 have two daughters aged 19 and 13 years.
In light of the aforesaid, the parties seek quashing of the FIR in question.
This Court has interacted with respondent no. 2, who submits that she is living peacefully and happily along with her husband, i.e., petitioner no. 2, and his family since the year 2024. She further submits that there is no problem in the peaceful living in the house.
Learned APP for the State submits that in view of the settlement between the parties, the State has no serious objection to the present petition.
Having heard the learned counsels appearing for the parties, this Court notes that the present matter has been finally settled between the parties vide MOU dated 25th September, 2026.
It is no longer res-integra that this Court has the power to quash the criminal proceedings in cases of non-compoundable offences under the CrPC, i.e., now the BNSS, wherein, the parties have settled the matter between themselves.
The Supreme Court has held that under Section 528 of the BNSS, High Courts may quash criminal proceedings, even with respect to non-compoundable offences, if the concerned parties have arrived at a compromise or settlement, and particularly when no overarching public interest is adversely affected by quashing the same.
In Jitendra Raghuvanshi and Others Versus Babita Raghuvanshi and Another, (2013) 4 SCC 58, the Supreme Court has held that the High Courts are empowered to quash an FIR in case of matrimonial disputes in order to foster genuine settlements, even when the offences involved are non-compoundable in nature. The relevant portion of the said judgment reads as under:
“xxx xxx xxx
14.The inherent powers of the High Court under Section 482 of the Code are wide and unfettered. In B.S. Joshi [(2003) 4 SCC 675 : 2003 SCC (Cri) 848] , this Court has upheld the powers of the High Court under Section 482 to quash criminal proceedings where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differences amicably. We are satisfied that the said decision is directly applicable to the case on hand and the High Court ought to have quashed the criminal proceedings by accepting the settlement arrived at.
15.In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.
xxx xxx xxx”
(Emphasis Supplied)
Accordingly, considering the facts and circumstances of the present case, FIR No. 11/2018, dated 17th January, 2018, registered at PS Dwarka North, Dwarka, Delhi, under Sections 354B/323/328/34 of the IPC, and all consequential proceedings emanating therefrom, are hereby quashed.
The present petition along with the pending application is accordingly disposed of.