High Court upholds the scope of Section 528 BNS 2023 to quash proceedings in matrimonial offences upon free settlement and the State’s non-objection; binding authority for subordinate courts in similar quashing petitions.
Summary
| Category | Data |
|---|---|
| Case Name | C528/1474/2025 of SAURAV JOSHI Vs STATE OF UTTARAKHAND |
| CNR | UKHC010130472025 |
| Date of Registration | 21-08-2025 |
| Decision Date | 25-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | Hon’ble Mr. Justice Alok Kumar Verma |
| Court | High Court of Uttarakhand |
| Bench | Single Judge Bench |
| Overrules / Affirms | Affirms the power to quash under Section 528 BNS 2023 |
| Type of Law | Criminal Procedure |
| Questions of Law | Whether proceedings under Sections 323, 498A, 504, 506 IPC and Sections 3 & 4 of the Dowry Prohibition Act can be quashed under Section 528 BNS 2023 upon a joint compounding application |
| Ratio Decidendi | The High Court held that when matrimonial offences are pending and the parties file a joint compounding application under Section 528 BNS 2023—with evidence of free will, no coercion, affidavits and no objection from the State—the ends of justice justify quashing the entire proceedings, even for offences ordinarily non-compoundable under IPC and the Dowry Act. |
| Facts as Summarised by the Court | The applicant and the informant-victim (his wife) were summoned under IPC 323, 498A, 504, 506 and Sections 3 & 4 of the Dowry Prohibition Act after filing of chargesheet. They filed IA No. 1/2025 with affidavits recording a mutual settlement. The State raised no objection. A petition under Section 528 BNS 2023 was moved to quash Criminal Case No. 283/2025. |
| Citations |
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What’s New / What Lawyers Should Note
- Clarifies that Section 528 BNS 2023 empowers the High Court to quash proceedings in matrimonial offences, including those under non-compoundable provisions, where parties file a joint compounding application.
- Confirms that the State’s non-objection to compounding suffices for quashing, provided the compromise is voluntary and the ends of justice are met.
- Establishes that quashing under Section 528 BNS 2023 applies even after cognizance and summoning in magistrate’s court.
- Lawyers can cite this judgment to support quashing petitions in matrimonial offences when parties have settled and the prosecution does not oppose.
Summary of Legal Reasoning
- The Court noted the filing of the charge-sheet and subsequent cognizance under IPC 323, 498A, 504, 506 and Dowry Act Sections 3 & 4.
- Parties submitted a joint compounding application (IA No. 1/2025) with affidavits, confirming free will and absence of coercion.
- The State expressly raised no objection to the compounding.
- Relying on Section 528 BNS 2023, the Court weighed the “ends of justice” standard.
- Held that a voluntary matrimonial settlement, endorsed by the victim and unopposed by the State, justifies quashing even non-compoundable offences.
- Exercised inherent power to quash the entire proceedings of Criminal Case No. 283/2025.
Arguments by the Parties
Petitioner (Saurav Joshi):
- The parties have amicably settled their matrimonial disputes.
- The compounding application and affidavits were executed voluntarily, without any pressure.
- Continuing the prosecution would be an abuse of process.
Respondent No. 1 (State of Uttarakhand):
- There were matrimonial disputes, but since the parties have settled, the State has no objection to the compounding application.
Respondent No. 2 (Informant-victim):
- She freely agreed to settle and requested quashing of the entire proceedings.
Factual Background
Saurav Joshi was charged in Criminal Case No. 283/2025 under IPC 323, 498A, 504, 506 and Sections 3 & 4 of the Dowry Prohibition Act after filing of the chargesheet and cognizance by the Magistrate. During pendency, the applicant and his wife (the informant-victim) reached a matrimonial settlement and filed IA No. 1/2025 with affidavits confirming their compromise. The State did not oppose compounding. An application under Section 528 BNS 2023 was filed to quash the proceedings, which the High Court allowed, quashing the entire case.
Statutory Analysis
- Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023: confers inherent power on the High Court to quash criminal proceedings in the interest of justice.
- The Court applied this provision to offences under IPC 323, 498A, 504, 506 and Dowry Prohibition Act Sections 3 & 4, despite their non-compoundable character, upon joint compounding by parties and lack of State objection.
Citations
- 2025 UHC 7494
- CNR UKHC010130472025