Many matrimonial disputes in Bihar start with an FIR for cruelty or dowry against the husband and his family. Later, the husband and wife may settle — they may reunite, or part by mutual consent. But the criminal case does not end by itself. This guide explains, in simple words, how such a case can be brought to an end in the Patna High Court.
First, learn these words
- 498A / BNS 85: the offence of cruelty to a wife by her husband or his relatives. It was Section 498A of the old Indian Penal Code; it is now Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
- Compromise (samjhauta): a written settlement between the parties.
- Compounding: ending a case on compromise in the trial court itself. The law allows this only for listed offences.
- Quashing: an order of the High Court ending the FIR or criminal case.
- Section 528 BNSS: the High Court's inherent power to prevent abuse of the process of court or to secure the ends of justice (old CrPC Section 482).
Why the High Court?
The offence of cruelty under BNS 85 (old IPC 498A) is not in the list of offences that the trial court can compound on compromise. So even after a genuine settlement, the trial court cannot simply close the case. The High Court, using its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), can quash the proceedings where it is satisfied that continuing them would serve no purpose. The new and old sections are listed by the Bureau of Police Research and Development.
In Gian Singh v. State of Punjab (2012), the Supreme Court explained that offences arising from matrimonial disputes, which are mainly private in nature, are among the cases where the High Court may quash proceedings after a genuine settlement. Serious offences against society, such as murder or rape, are different. The court decides each case on its own facts.
6 easy steps
- Write the settlement. The husband and wife (and other accused) sign a clear written compromise, ideally before witnesses.
- Each side gives an affidavit. Each says the settlement is voluntary and they do not want to continue the case.
- Collect papers. FIR, chargesheet (if filed), the compromise, affidavits, ID proofs, and any divorce or family court order.
- File the quashing petition. A petition under Section 528 BNSS is filed in the Patna High Court with all papers.
- Appear when called. The court may ask the wife and the husband to appear or confirm the settlement.
- Track the case. Dates and orders can be seen on the Patna High Court website.
An example
This is an imaginary example to explain the steps; it is not a real case.
Ritu files an FIR for cruelty and dowry against her husband Amit and his parents. A year later they decide to part by mutual consent and settle all claims.
- They sign a written compromise, and each gives an affidavit that the settlement is voluntary.
- Amit and his parents file a petition under Section 528 BNSS in the Patna High Court to quash the FIR, attaching the compromise, affidavits and FIR.
- The court calls both sides to confirm the settlement and then decides the petition on the facts.
Every case is different. The court decides on the facts and the law, so no result can be promised.
Things to remember
- A compromise does not end the case by itself; a court order is needed.
- The settlement must be genuine and voluntary. Pressure or payment to withdraw does not help.
- Filing a quashing petition does not by itself stop the trial or arrest; a separate order may be needed.
Frequently asked questions
We have settled. Will the 498A case end automatically?
No. Cruelty under BNS 85 (old IPC 498A) is not compoundable in the trial court, so a High Court order under Section 528 BNSS is needed.
Which section gives the High Court this power?
Section 528 of the BNSS (old CrPC Section 482).
Does the wife need to come to court?
The court may ask both sides to appear or confirm the settlement. It depends on the court.
Can the case be quashed after the chargesheet?
In a proper case, yes. The High Court looks at the settlement and the stage of the case.
Does every settlement lead to quashing?
No. The court checks whether the settlement is genuine and whether quashing is in the interest of justice.
This article is general information in simple words and is not legal advice or solicitation, in accordance with the rules of the Bar Council of India. Consult an advocate about your matter.
Related on this site: FIR quashing under Section 528 BNSS · Mutual consent and contested divorce · Family & Matrimonial
Official sources (links checked 11 November 2026): BNSS, 2023 (India Code) · New criminal laws (BPR&D) · Supreme Court of India · Patna High Court
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