In short. If you and the other side have settled a matrimonial, business, cheque bounce or neighbourhood dispute, the criminal case does not end by itself. For offences that cannot be compounded before the trial court, such as 498A (now Sections 85 and 86 BNS), the Delhi High Court can quash the FIR on settlement under Section 528 BNSS. Once both sides are ready, it usually takes a few weeks to a few months. Both parties normally appear before the court. Put the settlement in writing, check that it covers every case, and get your papers reviewed before you sign.
Is this your situation?
- You and your wife or husband have agreed to a mutual divorce and want the 498A or dowry FIR closed as part of it.
- A business partner, buyer or supplier who filed a cheating FIR has been paid and is willing to withdraw.
- A cheque bounce case has been settled and you want it closed, perhaps along with a related FIR.
- A fight between neighbours or relatives led to cross FIRs, and both families have made peace.
- You signed a settlement at a mediation centre and the other side has asked you to file the quashing petition.
- The complainant has told the police they no longer want to pursue the case but the FIR is still pending.
- One party lives abroad and you need to know whether they must travel to Delhi.
Why a settled case still needs the High Court
A criminal case is the State's case, not the complainant's. Once an FIR is registered, the complainant cannot simply withdraw it, and the police cannot close it because the parties have shaken hands. What the law allows depends on whether the offence is compoundable. Section 359 of the Bharatiya Nagarik Suraksha Sanhita (old Section 320 CrPC) lists offences that the victim can compound, some freely and some only with the court's permission. For those, the parties go to the trial court where the case is pending and the case ends there.
Many common offences are not on that list. Cruelty under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (old Section 498A IPC), forgery, criminal conspiracy, and several hurt and intimidation offences in certain forms cannot be compounded. And no court can compound anything while the case is still at the FIR stage, because there is no case pending before a trial court yet. That is where the Delhi High Court's inherent power under Section 528 BNSS (old Section 482 CrPC) comes in: the court can quash proceedings on the basis of a genuine settlement where continuing the case would serve no purpose.
This page explains when that works, how it is done in Delhi, and the traps people fall into. If your case has not been settled and you want it quashed on merits, see our page on how to quash a false FIR in the Delhi High Court.
The law on quashing after compromise
Section 528, BNSS (old Section 482 CrPC)
The High Court's inherent power to prevent abuse of process and secure the ends of justice. It is the basis for quashing non-compoundable offences on settlement. FIRs registered before 1 July 2024 are dealt with under Section 482 CrPC; the approach is the same.
B.S. Joshi v. State of Haryana (2003)
The Supreme Court held that the High Court can quash a 498A case on settlement even though the offence is non-compoundable, because matrimonial disputes are better ended than prolonged. This is the starting point for matrimonial quashing in every High Court.
Gian Singh (2012) and Narinder Singh (2014) v. State of Punjab
Gian Singh held that cases with an overwhelmingly civil, commercial, matrimonial or family character can be quashed where the parties have settled, but heinous offences and offences against society cannot. Narinder Singh set out guidelines, including how to treat cases involving attempt to murder, and stressed the stage of the case.
Parbatbhai Aahir v. State of Gujarat (2017) and State of M.P. v. Laxmi Narayan (2019)
Parbatbhai restated the limits: serious offences and economic offences affecting the financial well-being of the State are generally not quashed on settlement. Laxmi Narayan held that cases involving attempt to murder and Arms Act offences are not ordinarily quashed on compromise, though the court may examine whether the charge is properly made out.
Section 147, Negotiable Instruments Act 1881
Makes every offence under the Act, including cheque dishonour under Section 138, compoundable. Cheque bounce cases can be compounded at any stage, including in appeal or revision, without needing the inherent power, though the High Court often deals with them alongside related matters.
Which cases can be quashed on settlement, and which cannot
Cases the Delhi High Court routinely quashes on settlement include matrimonial FIRs under 498A and the Dowry Prohibition Act, cheating and breach of trust cases arising from business or property deals, cases of hurt and intimidation from neighbourhood or family quarrels, trespass between co-owners, and cross FIRs where both sides were at fault. What these have in common is that the harm was mainly private and the people harmed have been compensated or reconciled.
Cases the court generally refuses include rape and other sexual offences (see whether a rape case can be quashed on compromise), offences under the POCSO Act, murder and serious attempts on life, dowry death, offences under the Prevention of Corruption Act, and large frauds on banks or public money. The court asks whether society, not just the complainant, has an interest in the prosecution. A settlement between the accused and one victim does not wipe out a crime against the public.
In between lie the harder cases: an attempt to murder charge arising from a family fight where the injuries were minor, a cheating case with many victims where only some have settled, or a matrimonial case where the wife also alleged a sexual offence. In such cases the court looks closely at the nature of injuries, the stage of the case, the conduct of the parties and whether the settlement is genuine. Outcomes are not predictable, and an honest lawyer will tell you so.
Settling a 498A case: how it usually works
Most 498A settlements in Delhi are part of a wider package: a divorce by mutual consent under Section 13B of the Hindu Marriage Act, a lump-sum or instalment payment for permanent alimony, return of streedhan and other articles, arrangements for any child, and withdrawal of every case filed by either side, including maintenance, domestic violence and divorce or restitution petitions. The quashing of the FIR is one item in that package, and usually the last.
Sequencing matters because each side fears the other will take the benefit and walk away. A common structure is: the first motion for mutual divorce is filed in the Family Court with part payment; the second motion follows, often with the six-month period waived under Amardeep Singh v. Harveen Kaur (2017) (see when the six-month wait can be waived); the balance is paid at or after the decree; then the quashing petition is filed with the decree attached. Some settlements file the quashing petition after the first motion, with the final instalment to be paid in the High Court.
Advocate B.K. Singh's practice is to draft the settlement so that each payment is tied to a court event, and so that the last substantial payment is made only when the High Court actually quashes the FIR, by demand draft handed over in court or deposited with the court. That protects both sides. Our page on how to quash a 498A or dowry FIR covers matrimonial FIRs in more detail, and the guide on whether a 498A case can be quashed after divorce or settlement answers the narrower questions.
Only the Supreme Court, under Article 142, can dissolve a marriage on the ground of irretrievable breakdown (Shilpa Sailesh v. Varun Sreenivasan, 2023). The Delhi High Court quashes the criminal case; the divorce itself goes through the Family Court.
Cheque bounce settlements
A cheque bounce case under Section 138 of the Negotiable Instruments Act is compoundable under Section 147, so in most cases you do not need a quashing petition at all. You file a compounding application in the trial court, or in the Sessions Court or High Court if an appeal or revision is pending there, with the complainant's consent, and the case ends with an acquittal recorded on compounding.
Timing affects cost. In Damodar S. Prabhu v. Sayed Babalal (2010) the Supreme Court fixed graded costs for late compounding, and in Sanjabij Tari v. Kishore S. Borcar (2025) it revised them: broadly, no costs if the amount is paid before defence evidence is recorded, and rising percentages of the cheque amount if settlement comes later in the trial, in the Sessions Court or High Court, or in the Supreme Court. Check the current figures before you settle, because waiting can make it more expensive.
The High Court comes in where a revision or appeal is pending before it, or where a cheque case is tied up with an FIR for cheating on the same transaction and both need closing together. Our page on cheque bounce appeals and revisions covers High Court proceedings, and our network's detailed site on cheque bounce cases deals with trial-stage questions.
Business, property and neighbourhood cases
Cheating and breach of trust cases arising from a deal are the second largest group of settlement quashings. The usual structure is repayment, sometimes with interest, in exchange for the complainant's affidavit that the dispute is resolved and consent to quashing. Where forgery or conspiracy sections are on the FIR, the High Court route is needed even if cheating alone could have been compounded at the trial court.
Where there are several complainants, a settlement with one does not end the case for the others. If a builder settles with five of twenty buyers, the FIR cannot be quashed on that basis. The court may still quash proceedings relating to those who settled in some situations, but the case continues for the rest, and the court will be careful where public money or a large number of victims is involved.
Neighbourhood fights and family quarrels often produce two FIRs, one from each side. Both should be quashed together on a single settlement, with both sets of complainants and accused before the court. Closing only one leaves the other party exposed and usually reopens the dispute.
Which court hears it and why
The Delhi High Court can quash an FIR registered at any Delhi police station or a case pending before any Delhi court. Where the settlement was signed does not matter; where the FIR is registered does. An FIR in Gurugram or Faridabad goes to the Punjab and Haryana High Court, and one in Noida or Ghaziabad to the Allahabad High Court, even if the couple lived in Delhi and the settlement was made at a Delhi mediation centre.
If a settlement covers FIRs in two states, a separate petition is needed in each High Court, and the settlement should say who files which and in what order. Quashing petitions are heard by a single judge on the criminal roster. The State is represented by the Additional Public Prosecutor, and the complainant is a respondent who appears to confirm the settlement.
For a compoundable offence where a case is already pending before a Delhi trial court, compounding is done there, in the court of the Metropolitan Magistrate or Sessions Judge concerned. A lawyer should check the sections on the FIR and the chargesheet before choosing the forum, because filing in the wrong place wastes weeks.
Step by step: quashing a case on settlement in Delhi
Settle on paper
Write the settlement as a deed or memorandum of understanding signed by both sides, preferably through a court-annexed mediation centre. It should list every case to be closed, every payment with dates, articles to be returned, and who will file what.
Complete the earlier steps
Make the payments due before quashing, return articles against receipts, and complete steps in other cases such as the divorce first and second motions. Keep proof of each step.
Prepare the petition
The petition under Section 528 BNSS is filed by the accused, with the State and the complainant as respondents. It annexes the FIR, chargesheet if filed, the settlement, any decree or order in connected cases, and the complainant's affidavit consenting to quashing.
File and get the first date
The petition is e-filed with the court fee and vakalatnamas. Once objections are cured, it is listed. The court usually issues notice to the State, directs the IO to identify the parties, and fixes a date for their appearance.
Appear before the court
On the date fixed, the complainant and the accused appear in person or by video conference, identified by the IO. The judge may ask the complainant whether she or he settled voluntarily and without pressure, and whether the settlement amount has been received.
Order and closure
If satisfied, the court quashes the FIR and all proceedings arising from it, sometimes with costs. A copy of the order goes to the trial court and the police station, and bail bonds and sureties are discharged.
How long it takes and what it costs
| Stage | Typical time | Court fee and costs |
|---|---|---|
| Mediation and drafting the settlement | A few weeks to a few months | Usually no fee at court-annexed mediation centres |
| Mutual divorce, first to second motion (matrimonial cases) | Six months, or less if the waiting period is waived | Family Court fee as applicable |
| Drafting and filing the quashing petition | One to two weeks once papers are ready | Nominal court fee for a criminal petition; check the current rate |
| First listing and notice | A few days to a few weeks after objections are cured | No further court fee |
| Appearance of parties and quashing order | Often within one to three months of filing, sometimes on the first effective date | The court may impose costs payable to a welfare fund or legal services body |
| Compounding a cheque bounce case in the trial court | One or two dates | Costs as per the Supreme Court's graded scheme, depending on stage |
Documents for a settlement quashing petition
Case papers
- FIR copy and, if filed, the chargesheet
- Order sheets and bail orders from the trial court
- List of every connected case with case numbers and courts
- Decree or orders in connected civil, family or DV Act cases
The settlement
- Settlement deed or mediation agreement, signed by both sides
- Proof of payments made: demand drafts, bank transfers, receipts
- List of articles returned, signed by the person receiving them
- Affidavit of the complainant consenting to quashing
Identity and filing
- Identity proof of all parties who will appear (Aadhaar, passport)
- Signed vakalatnamas and affidavits
- For parties abroad: affidavit attested at the Indian embassy or consulate, or notarised and apostilled
- Demand draft for any balance amount to be paid in court
What the judge looks for at the hearing
The judge wants to be sure of three things: that the settlement is real, that it was made freely, and that quashing will not harm anyone else. The complainant is usually asked directly whether she or he has settled, whether anyone forced them, and whether the money agreed has been received. In matrimonial cases the judge may ask the wife about her streedhan and her future plans. Short, honest answers are what is needed.
The IO is asked to identify the parties against their identity documents, and the prosecutor tells the court whether the State has any objection. In most settlement cases the State does not oppose where the offence is of a private nature. Where the case involves injuries, the court may look at the medical record before deciding.
The Delhi High Court sometimes imposes costs on the petitioners while quashing, payable to a welfare fund or a legal services body named in the order, on the reasoning that police and court time was spent on a case the parties have now abandoned. Occasionally it directs community service instead. Pay the costs within the time given and file proof, because the quashing may be conditional on it.
A made-up example: a couple in East Delhi
Here's a made-up example. Pooja and Amit married in 2021 and separated in 2023. Pooja filed a complaint, and an FIR under Section 498A IPC was registered at Preet Vihar police station against Amit and his parents; she also filed for maintenance and under the Domestic Violence Act at Karkardooma. Amit filed for divorce on cruelty grounds. After a year of hearings, the Family Court referred them to mediation.
At the Karkardooma mediation centre they agreed on Rs 18 lakh as full and final settlement, return of listed jewellery, mutual divorce, and withdrawal of every case. Rs 6 lakh was paid at the first motion, Rs 6 lakh at the second motion, and the last Rs 6 lakh was to be paid by demand draft in the Delhi High Court on the day the FIR was quashed. The six-month period was waived and the divorce decree followed.
Amit and his parents filed a petition under Section 482 CrPC (the FIR being from 2023), attaching the settlement and the decree. On the date fixed, Pooja appeared by video conference from her office, identified by the IO, and confirmed the settlement. The demand draft was handed to her counsel, and the court quashed the FIR with modest costs. This is an illustration only; real outcomes depend on the facts and the court.
When a settlement goes wrong
Settlements break down more often than people expect. The most common problems are a party who takes the first instalment and refuses to sign the second motion, a payment cheque that bounces, a complainant who changes her mind and does not appear in the High Court, and a settlement that forgot to mention one of the cases. Each of these can be managed, but only if the settlement was drafted with them in mind.
If the settlement was recorded before a court, and a party gave an undertaking to the court, breaking it can be contempt of court, because wilful breach of an undertaking given to a court is civil contempt under the Contempt of Courts Act 1971. See our page on contempt petitions for non-compliance of court orders. Money already paid can be recovered, or adjusted, through the court where the undertaking was given.
If the complainant refuses to appear, the High Court cannot usually quash on settlement, though it may proceed where she has filed an affidavit and the court is satisfied. The accused is then left to defend the case or seek quashing on merits. This is why the last payment should be made in court, on the day of quashing, not before.
For the complainant: protecting yourself in a settlement
If you filed the case, settling may be the sensible choice, but be clear about what you are giving up. Once the FIR is quashed, it cannot be revived because you were not paid later. That is why you should insist that the full amount, or at least the final instalment, is paid before or at the hearing, by demand draft or a transfer you can verify, and that articles are returned before you sign the consent affidavit.
Read the settlement for what it says about other cases. If it requires you to withdraw your maintenance case, make sure the lump sum covers what you would have got. If there is a child, make sure custody, visitation and the child's maintenance are written in terms that a Family Court can enforce. Do not agree to sign blank papers or affidavits in advance.
You will be asked in court whether you settled freely. If you were pressured, say so. The court will not quash a case where a complainant says she was forced, and it can take steps to protect her.
Parties living abroad
Many matrimonial settlements involve one party abroad. The Delhi High Court regularly allows parties to appear by video conference for identification and confirmation, provided their affidavits have been properly attested and the IO can verify identity, usually through passport details and a video call arranged with the registry. Some judges prefer at least one physical appearance; your lawyer will know the current practice of the roster bench.
If an NRI husband is subject to a look out circular or his passport has been impounded because of the 498A case, the quashing order should be sent to the authorities concerned so that the LOC is withdrawn and the passport released. This does not always happen automatically, and a follow-up application or letter is often needed. Our page on NRI divorce and foreign decree cases covers the cross-border side of matrimonial disputes.
Mistakes people make when settling criminal cases
- Paying everything up front. Once the money is paid and the other side has no reason to appear, the quashing may never happen.
- Leaving out a case. A DV Act case, a maintenance petition, or an FIR in another state left out of the settlement keeps the dispute alive.
- Verbal settlements. A settlement agreed over the phone, with no written terms, is close to useless in court.
- Wrong forum. Filing in the Delhi High Court for an FIR registered in Gurugram, or filing a quashing petition for a cheque case that could have been compounded at the trial court.
- Ignoring the trial court. The trial goes on until the High Court quashes the case. Missing dates can lead to warrants.
- Assuming any case can be settled. Sexual offences, POCSO cases and serious violence are generally not quashed on compromise, whatever the parties want.
What to do this week
If settlement talks are under way, write down every case pending between the parties, in every court and police station, with numbers. Agree in principle on money, articles and sequencing, then put it into a written settlement, ideally through a mediation centre. Our guides on how to quash an FIR after compromise in Delhi and how mediation works in criminal cases explain the preparation in shorter form.
If you have already settled, collect the FIR, the settlement, proof of payments and orders in connected cases, and check whether the offence can be compounded at the trial court or needs the High Court. Make sure the complainant is willing and available to appear, in person or by video, on a date in the near future.
For advice on your settlement and papers, or for updates on how the Delhi High Court is handling quashing after compromise, contact Advocate B.K. Singh.
Frequently asked questions
Can a 498A case be closed if my wife and I compromise?
Yes, but not at the police station or the trial court, because 498A is non-compoundable. You file a petition in the Delhi High Court under Section 528 BNSS with the settlement, and the court quashes the FIR after confirming the settlement with both of you. This is usually done after or alongside a mutual divorce.
Does my wife need to come to the Delhi High Court for quashing?
The complainant normally has to appear, in person or by video conference, so the court can confirm she settled freely. She is identified by the IO against her ID. An affidavit alone is sometimes accepted, but you should not count on it.
Can an FIR be quashed after compromise before the chargesheet is filed?
Yes. In fact this is common, because no trial court can compound a case that is not yet before it. The Delhi High Court can quash the FIR at the investigation stage on a genuine settlement.
Will the High Court impose costs while quashing on settlement?
It sometimes does, payable to a welfare fund or a legal services body, and occasionally orders community service instead. The amount depends on the case and the judge. Pay within the time given and file proof.
Can a cheque bounce case be settled after conviction?
Yes. Section 147 of the Negotiable Instruments Act allows compounding at any stage, including in appeal or revision. Costs are higher the later you settle, under the Supreme Court's graded scheme, so it pays to settle early.
What if the complainant takes the money and does not appear in court?
Without the complainant's confirmation, the court usually will not quash on settlement. That is why the last payment should be made in court on the day of quashing. If an undertaking given to a court is broken, contempt proceedings may be possible.
Can cross FIRs between two families be quashed together?
Yes, and they should be. Both sets of parties file a joint settlement and appear, and the court quashes both FIRs. Closing only one leaves the other side exposed.
Is a rape or POCSO case quashed if the parties compromise?
Generally no. Courts treat these as offences against society, and a settlement between the parties does not end the prosecution. There are rare cases where the court has found the allegation itself did not make out the offence, but that is quashing on merits, not on settlement.