The High Court can quash criminal proceedings arising from marital disputes where parties have reached an amicable settlement in the interests of justice.

JUDGMENT :

GAUTAM A. ANKHAD, J.

The present Criminal Application is filed under section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking following relief:

“(a) This Hon’ble Court may be pleased to quash and set aside the FIR/CR No.166 of 2025 dated 20^th February 2025 registered under section 85 r/w. 3(5) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023 with Kapurbawdi Police Station, Thane, charge-sheet filed therein and R.C.C. No.2240 of 2025 pending before the Court of Ld. 4^th C.J.J.D. and J.M.F.C. at Thane.”

2. The marriage between the applicant no.1 and the respondent no.1 was solemnised on 28^th April 2024. After marriage, both parties started to reside together along with the applicant nos.2 and 3, who are family members of the applicant no.1. Due to marital discord, differences started to arise between the parties. An FIR was lodged at the instance of the respondent no.1 at Kapurbawdi police station on 20^th February 2025 alleging that she was subjected to harassment and cruelty. The charge-sheet pursuant to the same came to be filed in the criminal proceedings bearing RCC No.2240 of 2025 before the learned Judicial Magistrate First Class, Thane. The applicants have been granted anticipatory bail by the learned Sessions Court, Thane. The respondent no.1 had further filed a divorce petition before the learned Family Court, Bandra.

3. The parties have now amicably settled disputes amongst them. The applicant no.1 and respondent no.1 have executed consent terms dated 19^th September 2025 before the marriage counsellor in the learned Family Court, Bandra. The consent terms record that the parties seek to dissolve their marriage by mutual consent and that they have no further grievance towards each other.

4. Respondent no.1 has filed an affidavit dated 18^th November 2025 which records that the respondent no.1 has no objection to quashing of the criminal proceedings in view of the settlement reached between the parties. The parties are present in the Court and identified by their respective counsel. The parties have affixed their signatures and recorded their appearance in their own handwriting which shall form part of the proceedings.

5. The Hon’ble Supreme Court in “B.S. Joshi v. State of Haryana” (2003) 4 SCC 675 held that the High Court can invoke its inherent power to quash criminal cases stemming from marital disputes, provided the court is satisfied that an amicable settlement has been reached, which serves the interests of justice.

Considering the settlement between the parties, the continuance of proceedings would not be a fruitful exercise. In light of the same, Criminal Application No.1312 of 2025 is allowed in terms of prayer clause (a).