Reaffirming inherent jurisdiction under Section 528 BNSS 2023 to quash proceedings under Sections 323, 498A, 504, 506 IPC and Sections 3 & 4 of the Dowry Prohibition Act upon a bona fide matrimonial compromise—persuasive for future quashing applications.
Summary
| Category | Data |
|---|---|
| Case Name |
|
| 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 |
| Questions of Law | Can the High Court, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, quash criminal proceedings pending under Sections 323, 498A, 504, 506 IPC and Sections 3 & 4 of the Dowry Prohibition Act upon a matrimonial settlement and compounding application? |
| Ratio Decidendi | The High Court exercised its inherent jurisdiction under Section 528 BNSS 2023 to quash proceedings where the parties voluntarily settled matrimonial disputes and filed a compounding application and affidavits without coercion, and the State raised no objection. The ends-of-justice test justified quashing all proceedings in Criminal Case No. 158 of 2024. |
| Facts as Summarised by the Court | After filing of the charge-sheet and cognizance under Sections 323, 498A, 504, 506 IPC and Sections 3 & 4 of the Dowry Prohibition Act, the applicants and the informant-victim reached a matrimonial settlement, filed a compounding application (IA No.1 of 2025) and affidavits of free will, and the State did not object. |
| Citations | 2025:UHC:7497 |
What’s New / What Lawyers Should Note
- The High Court affirmed that Section 528 of BNSS 2023 empowers it to quash serious matrimonial offences once parties file a bona fide compounding application and settlement affidavits.
- Absence of State objection streamlines the quashing process in matrimonial offences under IPC and the Dowry Prohibition Act.
- The “ends of justice” principle remains the guiding test for exercising inherent jurisdiction under the new BNSS framework.
Summary of Legal Reasoning
- The applicants and informant-victim filed IA No.1 of 2025 under Section 528 BNSS 2023, accompanied by affidavits declaring a voluntary matrimonial settlement without pressure.
- The State, through its Brief Holder, confirmed no objection to the compounding application in light of the compromise.
- Weighing the totality of circumstances and applying the ends-of-justice test under Section 528 BNSS 2023, the Court held that quashing the entire Criminal Case No. 158 of 2024 was appropriate.
Arguments by the Parties
Petitioner (Applicants)
- The matrimonial disputes have been amicably settled and documented via compounding application and affidavits.
- The settlement was voluntary, with no coercion or undue influence.
- Continuing prosecution would defeat the ends of justice.
Respondent No. 1 (State)
- No objection to the compounding application, given the settlement of disputes.
Respondent No. 2 (Informant-Victim)
- Requested quashing of the proceedings in view of the compromise.
Factual Background
Raje Singh (husband) and his mother were charged under Sections 323, 498A, 504, 506 IPC and Sections 3 & 4 of the Dowry Prohibition Act in Criminal Case No. 158 of 2024. Following a matrimonial settlement, the informant-victim filed a compounding application and affidavits of free will. The State indicated no objection. The High Court, noting the bona fide compromise and applying Section 528 BNSS 2023, allowed the quashing petition.
Statutory Analysis
- Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers inherent jurisdiction on the High Court to quash criminal proceedings.
- The Court applied Section 528 to offences under IPC (Sections 323, 498A, 504, 506) and the Dowry Prohibition Act (Sections 3 & 4) once the parties filed a valid compounding application reflecting a genuine settlement.
Citations
- 2025:UHC:7497
- CNR UKHC010130702025