VIJAYAWADA: The AP High Court has ruled that non-compoundable criminal cases arising out of matrimonial disputes, including dowry harassment, can be quashed by exercising its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if parties reach an amicable settlement and the offences do not involve serious criminal conduct.
Justice Kuncham Maheshwara Rao passed the order while quashing a case pending before the Judicial First Class Magistrate Court in Srikakulam against a husband and his family members. The court observed that Section 498A of the IPC was intended to protect married women from cruelty by their husbands and kin.
‘Genuine cruelty cases cannot be settled at the cost of victims’
The provision is made non-compoundable to ensure that genuine cases of cruelty are not compromised to the detriment of victims. However, the High Court clarified that when both parties voluntarily agree to resolve their matrimonial disputes, it can exercise its inherent jurisdiction to quash proceedings, even if the offences are legally non-compoundable.
The petitioners had approached the High Court seeking quashing of criminal proceedings registered against them under Section 85 of the Bharatiya Nyaya Sanhita (BNS), corresponding to the offence of cruelty by a husband or his relatives, and Sections 3 and 4 of the Dowry Prohibition Act, which deal with giving or taking dowry and demanding dowry.
During the hearing, the wife informed the judge that she was voluntarily agreeing to settle the dispute. She also submitted an affidavit in this regard.
Taking note of the settlement, and the wife’s voluntary consent, the court quashed the criminal proceedings pending before the Srikakulam court against the petitioners.