News Citation : 2026 LN (HC) 100 | 2026:CGHC:1860-DB
January 13, 2026 : The High Court of Chhattisgarh has quashed criminal proceedings under Section 498A of the Indian Penal Code after noting that the husband and wife had amicably resolved their matrimonial dispute through court-mediated settlement.
A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal passed the order while allowing a criminal miscellaneous petition filed by the husband and his family members. The petition sought quashing of an FIR and charge sheet arising out of allegations of cruelty and dowry harassment lodged by the wife in January 2023.
During the hearing, the court was informed that the dispute between the parties had been referred to the High Court’s Mediation Centre in a connected matrimonial appeal. The mediation process resulted in a written compromise between the husband and wife on 6 October 2025. In view of the settlement, the wife expressed her unwillingness to pursue the criminal case any further.
The petitioners had earlier moved the trial court seeking compounding of the offence. However, their application was rejected on the ground that Section 498A IPC is a non-compoundable offence. Challenging this rejection and the continuation of criminal proceedings, the petitioners approached the High Court invoking its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Allowing the plea, the High Court relied on settled principles laid down by the Supreme Court, including the decisions in Gian Singh v. State of Punjab and B.S. Joshi v. State of Haryana. The Bench reiterated that while offences under Section 498A are not compoundable, the High Court retains inherent power to quash criminal proceedings where the dispute is essentially private in nature and continuation of prosecution would amount to abuse of process of law.
The court observed that matrimonial disputes, particularly those arising out of marital discord and family issues, stand on a different footing. Where parties have fully settled their differences and the likelihood of conviction is remote, it would be unjust to compel them to undergo prolonged criminal trials.
Taking note of the voluntary settlement and the wife’s clear stand that she no longer wished to continue with the case, the Bench held that the ends of justice would be served by quashing the proceedings. Accordingly, the criminal case pending before the Chief Judicial Magistrate, Nawagarh, Janjgir-Champa district, was set aside, subject to compliance with the terms of the compromise.
Case Reference : CRMP No. 97 of 2026, Ramesh Sonant and Others v. State of Chhattisgarh and Another; Counsels: for the petitioners, Mr. Siddhant Tiwari, Advocate; for respondent No.1 (State), Mr. S.S. Baghel, Government Advocate.
