The Delhi High Court quashed a 498A FIR after noting that continuing a fully settled matrimonial dispute would constitute an abuse of the court’s process. The judgment underscores the Court’s power under Section 528 BNSS to end such proceedings.
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NEW DELHI: In a decision that reinforces a consistent judicial approach in matrimonial disputes, the Delhi High Court on 14 November 2025 set aside an FIR lodged under Sections 498A, 406, and 34 of the IPC after the estranged spouses informed the court that they had resolved all their issues amicably.
The order was passed by Justice Sanjeev Narula, who exercised the court’s inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the statutory successor to Section 482 of the Criminal Procedure Code.
Background of the Case
The matter arose out of a matrimonial conflict that began soon after the couple’s marriage on 9 May 2023. According to the case record, the relationship quickly deteriorated, leading to their separation in October 2023. Allegations of cruelty made by the wife resulted in the registration of FIR No. 0664/2024 at Harsh Vihar Police Station, naming not only the husband but also several of his relatives.
The accused family members later approached the High Court seeking to have the FIR quashed.
Settlement Between the Parties
Over time, the parties opted for a negotiated resolution rather than continuing with criminal litigation. They recorded their agreement in a Settlement Deed dated 3 July 2025, under which the husband undertook to pay ₹5 lakh to his estranged wife towards the full and final settlement of her claims. A substantial portion of this sum, ₹4 lakh, had been transferred earlier, and the balance was handed over in court.
The former couple had already dissolved their marriage through a mutual consent divorce decree granted by the Karkardooma Family Court on 19 August 2025. The wife appeared before the High Court, confirmed her voluntary participation in the settlement, and clearly stated that she had no objection to the FIR being brought to an end.
Court’s Analysis and Findings
Although offences under Section 498A IPC are non-compoundable, the Court emphasized that it retains the authority to quash criminal proceedings under Section 528 of the BNSS when doing so is essential to secure the ends of justice.
Justice Narula referred to the Supreme Court’s decision in Narinder Singh & Ors. v. State of Punjab, where the Court clarified that criminal cases arising from matrimonial or other predominantly civil disputes may appropriately be quashed when the parties have genuinely resolved their differences, even though such offences are technically non-compoundable.
The judgment also cited Parbatbhai Aahir v. State of Gujarat, which reaffirmed that inherent powers may be exercised to terminate criminal proceedings if the likelihood of conviction is remote and continuing the case would only result in unnecessary hardship, oppression, or abuse of the legal process.
Justice Narula noted that the matter stemmed purely from a matrimonial dispute, fully resolved between the parties. He stated:
“Considering the nature of dispute and the fact that the parties have amicably entered into a settlement, this Court is of the opinion that the present case is fit to exercise jurisdiction under Section 528 BNSS as no purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.”
Holding that the criminal proceedings had outlived their purpose, the High Court formally quashed FIR No. 0664/2024 along with all proceedings emanating from it. The parties were directed to comply with the terms of their settlement, bringing the entire episode to a close.
Case Title:
MOHIT PAL & ORS. versus STATE (GOVT. OF NCT OF DELHI) & ANR.
W.P.(CRL) 3754/2025, CRL.M.A. 33799/2025
READ ORDER
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