High Courts can exercise inherent powers to quash criminal proceedings in matrimonial disputes, even if non-compoundable, provided a genuine settlement is reached between the parties, as such disputes are personal in nature and continuation of proceedings would serve no useful purpose.

1. Supplementary affidavit filed today in Court is taken on record.

2. Heard Mr. Prem Narayan Singh, learned counsel for the applicants, Mr. Durga Prasad, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record.

3. The present application under Section 528 BNSS has been filed to allow the application and quash the entire proceeding of Case No.23876 of 2023 (State v. Amandeep Singh @ Sonu), arising out of cognizance order dated 09.10.2023 passed by learned Judicial Magistrate-III, Meerut as well as charge-sheet No. 102 of 2023 dated 15.06.2023 registered as Case Crime No. 114 of 2023 under Sections 498-A , 323, 504 IPC and Sections 3 /4 of D.P. Act, Police Station-Hastinapur, District Meerut.

4. It is submitted by learned counsel for the parties that the parties appeared before the Court concerned for verification of the compromise dated 29.11.2023, (Annexure No. 4). The said compromise has been duly verified by the learned Judicial Magistrate, Court No.3, Meerut vide order dated 14.05.2024.

4. Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicants and the opposite party No.2. It is also argued that the parties have willingly entered into a settlement and not under duress or threat or coercion and are not interested in pursuing the matter pending in the Court concerned and, therefore, the impugned proceedings be quashed on the ground of compromise between the parties and they do not propose to file the counter affidavit and rejoinder affidavit.

5. Learned counsel for the opposite party No. 2 admits the arguments of learned counsel for the applicants and states that he has no objection if the impugned proceeding pending against the applicants, is quashed.

6. Learned A.G.A. also does not dispute the correctness of the submissions made by the learned counsel for both the parties.

7. The law with regard to quashing of a case on the basis of settlement arrived between the parties, is well settled. In the light of the judgment of Hon'ble Apex Court in B.S. Joshi and Others Vs. State of Haryana and another , (2003) 4 SCC 675, it has been held that

"High Courts have the inherent power under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash First Information Reports (FIRs) and criminal proceedings, particularly in matrimonial disputes where a genuine settlement has been reached between the parties. The Court clarified that Section 320 Cr.P.C., which lists compoundable offences, does not restrict this power, and exercising it is crucial for promoting amicable settlements and serving the ends of justice, even if the offences are otherwise non-compoundable."

8. The Hon'ble Supreme Court in its Constitutional Bench Judgment in Gian Singh Vs. State of Punjab and Another , (2012)10 SCC 303, has held that

"But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and com