Can FIR Under Section 85 BNS Be Quashed Under Section 528 BNSS?

Introduction

Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), was enacted with the object of protecting married women from cruelty and harassment by their husband or his relatives. Over the years, while this provision has served as a powerful tool against genuine cases of domestic violence and dowry harassment, it has also been subject to criticism due to its alleged misuse in matrimonial disputes. As a result, courts are frequently approached for quashing of FIRs registered under Section 85 BNS by invoking the inherent powers of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

A recurring and important legal question arises: Can an FIR registered under Section 85 BNS be quashed under Section 528 BNSS, especially in cases of compromise or settlement between the parties? This article answers this question in depth by examining statutory provisions, judicial precedents, procedural aspects, limitations, and practical considerations.

Direct Answer to the Question

Yes, an FIR registered under Section 85 BNS can be quashed by the High Court under Section 528 BNSS, provided the court is satisfied that the dispute is predominantly matrimonial or personal in nature, the parties have genuinely settled their differences, and the continuation of criminal proceedings would amount to abuse of the process of law.

Understanding Section 85 BNS

Legal Provision

Section 85 BNS reads as follows:

“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”

Meaning of “Cruelty”

The term “cruelty” includes:

Any wilful conduct likely to drive a woman to commit suicide or cause grave injury or danger to life, limb, or health (mental or physical).
Harassment with a view to coercing her or her relatives to meet unlawful demands for property or valuable security.

Nature of the Offence

Cognizable
Non-compoundable
Non-bailable

Because Section 85 is a non-compoundable offence, it cannot be compromised directly before a Magistrate under Section 359 BNSS. However, this does not bar the High Court from exercising its inherent powers under Section 528 BNSS.

Scope of Section 528 BNSS

Inherent Powers of the High Court

Section 528 BNSS preserves the inherent powers of the High Court to:

Give effect to any order under BNSS,
Prevent abuse of the process of any court, and
Secure the ends of justice.

The power under Section 528 BNSS is extraordinary, discretionary, and must be exercised sparingly.

Why Quashing Is Sought in Section 85 Cases

Common reasons include:

Settlement between husband and wife
Mutual divorce by consent
Reunion or reconciliation
FIR filed in heat of matrimonial discord
No prima facie case made out
Allegations are vague, omnibus, or exaggerated
Abuse of criminal process to harass the accused

Judicial Position on Quashing of 85 FIRs

Landmark Supreme Court Judgments

1. B.S. Joshi v. State of Haryana (2003)

The Supreme Court held that the High Court can quash criminal proceedings under Section 85 BNS in exercise of its powers under Section 528 BNSS to secure the ends of justice, even though the offence is non-compoundable.

This judgment laid the foundation for quashing 85 FIRs on the basis of settlement.

2. Gian Singh v. State of Punjab (2012)

The Constitution Bench clarified that criminal cases having a predominantly civil or matrimonial character can be quashed on the basis of compromise, provided the offence does not have a serious impact on society.

The Court held that Section 85 BNS cases arising out of matrimonial disputes fall within this category.

3. Narinder Singh v. State of Punjab (2014)

The Supreme Court laid down guidelines for quashing FIRs on the basis of settlement and observed that matrimonial disputes should be encouraged to be settled amicably.

4. State of Madhya Pradesh v. Laxmi Narayan (2019)

The Court reiterated that offences under Section 85 BNS can be quashed if they are private in nature and do not affect society at large.

5. Parbatbhai Aahir v. State of Gujarat (2017)

The Supreme Court consolidated principles governing quashing of FIRs, holding that personal disputes including matrimonial disputes can be quashed to prevent abuse of process.

Conditions for Quashing FIR Under Section 85 BNS

The High Court generally considers the following factors:

1. Nature of the Dispute

The dispute must be predominantly matrimonial or personal, without serious societal impact.

2. Stage of Proceedings

Quashing can be considered:

After registration of FIR
During investigation
After filing of charge sheet
Even during trial (before conviction)

3. Genuine Compromise

The settlement must be voluntary, without coercion, and entered into with free consent.

4. No Heinous or Serious Offence

Cases involving:

Severe physical violence
Attempt to murder
Death of wife (Section 80 BNS)
Serious mental cruelty leading to suicide
are generally not quashed.

5. Likelihood of Conviction

If chances of conviction are bleak due to settlement, hostile witnesses, or lack of evidence, continuation of proceedings may be futile.

Role of the High Court

The High Court does not act mechanically. It:

Examines FIR allegations
Considers compromise deed
Records statements of parties
Ensures settlement is genuine
Balances individual justice with societal interest

Procedure for Quashing FIR Under Section 85 BNS

Filing a petition under Section 528 BNSS before the High Court
Annexing FIR, charge sheet (if filed), and settlement agreement
Personal appearance of parties
Verification of compromise
Hearing of State and complainant
Final order of quashing

Can FIR Be Quashed Without Compromise?

Yes. FIR under Section 85 BNS can also be quashed without compromise if:

Allegations are absurd or inherently improbable
FIR does not disclose commission of offence
Proceedings are malicious or vexatious
FIR is filed as counterblast
Abuse of criminal law is apparent

Limitations on Quashing 85 FIRs

Quashing is generally not allowed where:

Allegations disclose serious cruelty
Case involves dowry death or abetment of suicide
Offence impacts public interest
Compromise is forced or fraudulent

Difference Between Compounding and Quashing

Aspect	Compounding	Quashing
Provision	Section 359 BNSS	Section 528 BNSS
Authority	Trial Court	High Court
85 BNS	Not compoundable	Can be quashed
Basis	Statutory	Inherent powers

Practical Importance of Quashing in 85 Cases

Reduces unnecessary criminal litigation
Saves judicial time
Encourages settlement of matrimonial disputes
Prevents misuse of criminal law
Restores peace between parties

Conclusion

An FIR registered under Section 85 BNS can undoubtedly be quashed by the High Court under Section 528 BNSS, despite being a non-compoundable offence, if the dispute is purely matrimonial in nature and the parties have amicably resolved their differences. Indian courts have consistently held that the purpose of criminal law is not to perpetuate bitterness once a settlement has been reached, but to ensure justice and prevent abuse of the legal process. However, the power of quashing is discretionary and must be exercised with caution, keeping in mind the nature of allegations, societal impact, and the genuineness of the compromise. Each case ultimately depends on its own facts, and judicial scrutiny remains the cornerstone of ensuring that justice prevails.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304