The High Court can quash an FIR in a matrimonial dispute under inherent powers (BNSS Section 528) when parties have voluntarily settled, the dispute is private, and no public interest is involved.

1. Petitioners herein seek quashing of FIR No. 0733/2021 dated 25.12.2021, registered at Police Station Welcome, for commission of offences under Sections 498A /406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties.

2. The marriage between petitioner No.1 and respondent No.2 was solemnized on 16.01.2019, as per Muslim rites and ceremonies. They were blessed with a baby girl, who is presently with the mother i.e. respondent No.2 herein.

3. However, on account of some temperamental differences between the parties, they started residing separately since 2021 and on the basis of report lodged by respondent no. 2, abovesaid FIR was registered.

4. The charge-sheet has already been filed.

5. Fact, however, remains that both the parties have been able to amicably settle all their matrimonial disputes and have agreed to part ways in a graceful manner and such settlement terms have been reduced in writing vide Compromise Deed dated 09.03.2026. The relevant paras of Compromise Deed read as under:-

“Whereas both parties and their parents, relatives have decided to mutually dissolve their marriage and both parties have agreed to dissolve marriage as per their will and desire.

Whereas it has been agreed that one female child namely Ashmira aged about 5 years shall remain in the custody of mother/second party namely Aaysha.

Whereas both parties shall not interfere in the life of each other and also both parties can solemnized their marriage as per their choice in future.

Whereas second party/wife shall not claim for maintenance, Iddat maintenance, dowry articles, jewellery etc. in future against first party i.e. her in-laws.

Whereas the husband shall not claim any kind and for restitution of conjugal rights against the second party/ wife.

Whereas it has been mutually settled that first party shall pay Rs. 60,000/- to the second party/wife for full and final settlement.

Whereas the abovesaid amount has been paid to the second party/wife on 8.3.2026 in the presence of her mother and brother.

Whereas the first party/husband has given divorce to his wife i.e. second party in three months verbal divorce i.e. first divorce 5.1.2021, second divorce on 5.2.2021 and third divorce; 5.3.2021.”

6. It is in the abovesaid backdrop that the quashing is being sought.

7. Respondent No.2 is present in Court and has been duly identified by Investigating Officer.

8. When asked, respondent No.2 submitted that the matter has been amicably settled and she reiterates the terms of settlement as recorded in Compromise Deed. She states that she and petitioner no. 1 have taken decision to seek talaq-e-sunnat as recognized under Islamic Law. She states that she has entered into settlement without any pressure, coercion and undue influence and in terms of settlement, she has already received a sum of Rs.60,000/- towards full and final settlement in lieu of alimony, Dower (Mahr), return of articles, maintenance (Nafaqa) (past, present and future). She, while acknowledging the terms of the settlement, as recorded in Compromise Deed dated 09.03.2026, reiterates that she would have ‘no objection’ if FIR in question is quashed. Her affidavit to abovesaid effect has also been placed on record.

9. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.

10. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.

11. Consequently, to secure the ends of justice, FIR No. 0733/2021 dated 25.12.2021, registered at Police Station Welcome, for commission of offences under Sections 498A /406/34 IPC and Section 4 of Dowry Prohibition Ac