Court exercises inherent power under Bharatiya Nagarik Suraksha Sanhita, 2023 to quash non-compoundable offence proceedings, emphasizing peace and harmony in matrimonial disputes
In a significant judgment delivered on August 11, 2026, the Andhra Pradesh High Court, presided over by Justice Sri Maheswara Rao Kuncheam, quashed criminal proceedings in a matrimonial dispute case involving allegations under Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS) and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The case, registered as C.C. No. 306 of 2026 before the Judicial Magistrate of First Class, Srikakulam, arose out of matrimonial discord between the petitioner, Pukkalla Adinarayana and others, and the de facto complainant.
The petitioners moved the High Court seeking quashing of the proceedings on the ground that both parties had reached an amicable settlement outside the court with the intervention of family elders and well-wishers. Supporting this, the de facto complainant filed an affidavit affirming that the compromise was voluntary, free from coercion, force, or misrepresentation.
The Court, after hearing counsels for both parties and the State, referred to the landmark principles laid down by the Supreme Court in cases such as State of M.P. v. Laxmi Narayan (2019) and Ram Gopal v. State of M.P. (2024), which clarified the scope of inherent powers under Section 482 Cr.P.C. (corresponding to Section 528 of BNS, 2023). These principles allow quashing of non-compoundable offences with a predominantly civil or matrimonial character where parties have genuinely resolved their disputes. However, the Court emphasized that such power is not to be used in heinous or serious offences that have a grave impact on society.
In the present case, the Court examined the nature of the offence and found no adverse antecedents or improper conduct against the accused. The parties, by their own free will, sought to bring peace and harmony to their relationship. The Court noted that continuing the criminal proceedings would serve no useful purpose and could amount to an abuse of the process of law.
Invoking its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court allowed the petition and quashed the proceedings. The judgment underscores the balance the judiciary seeks to maintain between enforcing criminal law and upholding social harmony, especially in sensitive matrimonial matters.
The Court's ruling reiterates that while offences like cruelty under Section 85 BNS or dowry-related offences are non-compoundable, the courts can exercise discretion in appropriate cases where genuine compromise is evident and continuing litigation would be counterproductive.
Bottom Line:
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528 - Quashing of criminal proceedings in matrimonial dispute - Proceedings under Section 85 BNS and Sections 3 and 4 of Dowry Prohibition Act can be quashed on the basis of voluntary compromise where dispute is personal in nature, parties have amicably settled the matter, no adverse antecedents of accused are found and continuance of proceedings would amount to abuse of process of law.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Section 85; Dowry Prohibition Act, 1961 Sections 3, 4
Pukkalla Adinarayana v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc Id # 2991989
