SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Chh) 11151

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Aman Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
CRMP No. 652 of 2026



Advocates:
For the Appellants/Petitioners: Shashwat Gupta
For the Respondents: Shailendra Sharma

The High Court may exercise its inherent power to quash criminal proceedings, including FIRs, in matrimonial cases involving private disputes if the parties have entered into a voluntary compromise, thereby securing the ends of justice and preventing the abuse of the process of law.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Quashing of FIR - Matrimonial dispute - Compromise between parties - Settled position of law regarding quashing of criminal proceedings arising from matrimonial disputes where the parties have resolved their differences - High Court to exercise inherent powers to secure ends of justice when chances of conviction are remote.

Facts of the case:
The petitioners, husband and father-in-law, sought the quashing of an FIR registered under the Bharatiya Nyaya Sanhita, 2023 for alleged dowry-related cruelty and assault. The parties subsequently reached a settlement through mediation, agreeing to divorce and withdrawal of all pending litigation.

Findings of Court:
The Court observed that the dispute was essentially matrimonial and private. Given the compromise and the low probability of conviction, continuing proceedings would be an abuse of legal process. The FIR and all consequential proceedings were quashed subject to the fulfillment of the settlement terms.

Issues: Whether the court should exercise its inherent powers under Section 528 BNSS to quash criminal proceedings in a matrimonial matter upon a voluntary compromise between the parties.

Ratio Decidendi: Criminal cases involving matrimonial disputes that are predominantly private in nature may be quashed if the parties have reached a full settlement, as this secures the ends of justice and prevents the abuse of the court's process given the bleak chances of conviction.

Result: Petition allowed.

Table of Content
1. case facts involving matrimonial dispute and subsequent mediation/compromise. (Para 1 , 2 , 3)
2. advocates' submissions and the specific terms of the settlement agreement. (Para 4 , 5 , 6)
3. legal precedents authorizing the quashing of matrimonial criminal cases via compromise. (Para 7 , 8 , 9 , 10 , 11)
4. final order quashing the fir based on the settlement. (Para 12 , 13)

20-04-2026

1. This petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short B.N.S.S.) has been preferred by the petitioners with the following prayer:-

“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow the instant petition and consequently quash the F.I.R. no. 56/2025 registered at the Police Station Mahila Thana, Bilaspur, District - Bilaspur (C.G.) by the Respondent No. 2 on 01.11.2025 for offence punishable under Sections 85 , 115(2), and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.), and further quash and all consequential proceedings (if any) arising out of the said crime number in the interest of justice.

And/or any other relief/ relief’s which this Hon’ble Court may think fit and proper in the facts and circumstances of the case may please be also granted to the petitioners in the interest of justice.”

2. The brief facts of the case are that, the marriage between petitioner No. 1 and respondent No. 2 was solemnized on 23.01.2025 in accordance with Hindu rites and customs. After some time of marriage matrimonial disputes arose between the parties. Thereafter, the complainant/respondent No.2 made a written complaint to police against the petitioners who are her husband and father-in-law. In her complaint she made allegations regarding demand of dowry, mental and physical cruelty as well as physical assault, against the petitioners. On such complaint made by the respondent No.2 the police has registered FIR bearing Crime No.56/2025 on 01.11.2025 against the petitioners for the offence punishable under Sections 85 , 115(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) at Police Station Mahila Thana, Bilaspur, District Bilaspur (C.G.).

3. This Court vide its order dated 18.03.2026 directed the parties to explore the possibility to settle their dispute by way of mediation and enter into the compromise. Thereafter, on 16.04.2026, they make their presence before the mediation center and have settled the dispute on the terms and conditions of compromise.

4. Learned counsel for the petitioners submits that the parties have settled their dispute and entered into compromise before the Mediation Center on 16.04.2026. He also submits that the charge sheet has been filed in the present matter.

5. Learned counsel for the State, in turn, submits that the State has no objection in case if the matter is disposed of by quashing the FIR (Crime No.56/2025) registered at Police Station- Mahila Thana, Bilaspur (C.G.) and all the subsequent proceeding arising therefrom against the petitioners, as the parties have already entered into compromise.

6. The conditions of compromise, as per settlement agreement between the parties dated 16.04.2026, is necessary to reproduce here for consideration which is as below:-

“1- ;g fd vihykFkhZ Jh veu lkg w ,oa mRrjoknh Jhefr o"kkZ lkg w ds e/; jkf'k 3]50]000@& ¼rhu yk[k ipkl gtkj :i; s½ :i; s esa vkilh lgefr ls rykd ds fy, lgefr gqbZ] mDr 3]50]000@& ¼rhu yk[k ipkl gtkj :i; s½ esa ls 1]00]000@& ¼,d yk[k :i; s½ fnukad 06-04-2026 dks udn e/;LFkrk dsaæ gkbZdksVZ fcykliqj ls mRrjoknh Jhefr o"kkZ lkg w dks çkIr gks x; s gS] 'ks"k jkf'k 2]50]000@& ¼nks yk[k ipkl gtkj :i; s½ 15 twu 2026 rd Mh- Mh- ds ek/;e ls vFkok ; wihvkbZ@vkjVhth,l ds ek/;e ls vihykFkhZ Jh vuu lkg w mRrjoknh Jhefr o"kkZ lkg w dks Hkqxrku djsxkA

2- ;g fd mRrjoknh Jhefr o"kkZ lkg w dks fookg ds le; mlds ekrk firk] ifjokjtu ,oa bZ"Vfe=ksa }kjk migkj esa fn; s x; s migkj ,oa ?kjsyw leku tks Hkh vihykFkhZ Jh veu lkg w ds ikl vkt ftl fLFkfr esa g

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top