The High Court may exercise its inherent powers under Section 528 of the BNSS to quash non-compoundable criminal proceedings arising out of matrimonial disputes when parties have reached a voluntary and genuine settlement, as continuing the case would be contrary to the interest of justice.

Order on Board

Per Ramesh Sinha, C.J.

1. Heard Mr. Raghvendra Pradhan, learned counsel for the petitioners as well as Mr. Shailendra Sharma, Panel Lawyer for the Respondent/ State.

2. This petition under Section 528 of the BNSS has been filed by the petitioners claiming the following reliefs:-

“1. That, this Hon'ble Court may kindly be pleased to quash the FIR dated 02-02-2025 under Section 498-A /34 of Indian Penal Code relating to Crime No.09/2025 registered at Police Station Mahila Thana Raipur, District Raipur (C.G.) and also quash the final report No.49/2025 dated 16-08-2025 for the offences under Section 498-A /34 of Indian Penal Code, as well as the entire criminal proceeding in Criminal Case No.40841/2025 pending before the Judicial Magistrate First Class Raipur, District Raipur (C.G.) and also quash the cognizance taken by the learned trial court dated 18-09-2025 for the offence under Section 498-A /34 of Indian Penal Code (C.G.), against the petitioners.

2. That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.”

3. The brief facts of the case are that the marriage between petitioner No. 1 and respondent No. 2 (wife) was solemnized on 23.06.2023, after which the complainant alleged that she was subjected to harassment and cruelty for insufficient dowry while residing with the petitioners, leading her to lodge a complaint at Mahila Thana, Raipur, on the basis of which an FIR dated 02.02.2025 was registered under Section 498-A /34 IPC. Upon completion of investigation, charge-sheet No. 95/2025 dated 16.08.2025 was filed, and the learned Judicial Magistrate First Class, Raipur took cognizance on 18.09.2025 in Criminal Case No. 40841/2025.

4. During pendency of the proceedings, the parties have amicably settled their disputes and have jointly filed an application under Section 13(B) of the Hindu Marriage Act, 1955 before the Family Court, Raipur for divorce by mutual consent, wherein it has been agreed that the respondent No. 2 shall cooperate in quashment of the criminal proceedings and withdraw all allegations, and the petitioner No. 1 shall pay a sum of Rs. 5,00,000/- towards full and final settlement, with all articles already returned, leaving no dispute subsisting between the parties.

5. The terms and conditions of their settlement/ compromise is as under :-

(A). Amongst all the pending cases there is one FIR No. 09/2025 Registered at Mahila Thana- Raipur u/s 498-A of IPC against Raghav Nandan Chhapoliya, Smt. Sangeeta Chhapoliya and Vishwanath Chhapoliya. However, today only Party no. 1 is present. 2nd Party Smt. Shreya has no objection to settle the matter for absent parties. Against this FIR No. 09/2025 CRMP No. 937/2026 has been filed and pending before Hon'ble High Court of Chhattisgarh the second party after this agreement will have no objection for the quashment of the FIR No. 09/2025 as well as Criminal Case No. 40841/2025 pending before Judicial Magistrate First Class Raipur.

(B). Likewise there is one more FIR No. 0075/2025 BNS 296, 115(2), 308(3), 351(2), 3(5) Registered at Police Station - Purighat Cuttack, District Cuttack (Oddisha). It is agreed by the parties, that endeavor will be taken by both the parties for the quashment of the FIR as well as the Criminal Case if any registered, by filing application u/s 528 of BNSS.

(C). Apart from the above mentioned cases between the parties there are two applications filed by the parties for obtaining decree of divorce. They are as follows:-

(i) Applicat