Section 498A IPC became Section 85 BNS on 1 July 2024, but the pattern of these complaints has not changed. The FIR names the husband, both parents, often a married sister living in another city, and relatives who have not seen the couple in years — all in a single undifferentiated allegation.
What this means
Section 85 BNS punishes cruelty by a husband or his relatives towards a married woman. Section 86 defines cruelty to include conduct likely to drive the woman to suicide or cause grave injury, and harassment to coerce an unlawful dowry demand. The offence is cognizable and non-bailable.
What to do in the first week
- Anticipatory bail for everyone named. The offence is non-bailable. This is the first priority, and applications for elderly parents and distant relatives are usually the strongest.
- Preserve everything. Messages, emails, call records, photographs, financial records. Do not delete anything — deletion is detectable and damaging.
- Do not contact the complainant. Every message becomes an exhibit and can attract fresh allegations.
- Do not post about it. Social media commentary is routinely produced in court.
- Map the whole dispute. The FIR is usually one of four proceedings. Deal with them together.
Quashing, person by person
The Supreme Court has held repeatedly that specific allegations are required against each person named. An omnibus allegation against a relative who lives in another city, with no particular act attributed to them and no dates, is a strong candidate for quashing under Section 528 BNSS.
This is assessed individually. A petition may succeed for the sister-in-law and the parents while the husband continues to face the FIR — and that outcome is a substantial win for the family.
Settlement and quashing
Where the matrimonial dispute settles, the Supreme Court has consistently endorsed quashing the FIR. Continuing a criminal proceeding after a genuine settlement serves no purpose. Proper affidavits from both sides and a clearly drafted settlement deed are essential.
If the allegations are true
This page is written for those facing a complaint they say is unfounded. Where the allegations have substance, the honest advice is different — early settlement, counselling and, where appropriate, acknowledging responsibility, produce far better outcomes than a contested defence. That assessment is made at the first consultation.
Why bring this matter here
- Anticipatory bail arranged promptly for every family member named.
- Quashing assessed individually, not as a single all-or-nothing petition.
- The FIR, divorce, maintenance and DV proceedings handled as one dispute.
- Settlement deeds drafted so the criminal case actually ends.
- Honest early assessment — including when the defence is weak.
Frequently asked questions
My parents are in their seventies and have been named. What happens to them?
Anticipatory bail should be moved immediately for them. Courts are generally receptive to applications for elderly parents, particularly where the FIR contains no specific allegation against them. They are also the strongest candidates for quashing.
Is Section 85 BNS bailable?
No, it is non-bailable and cognizable. That is why anticipatory bail is the first step for everyone named, before any arrest occurs.
Can the FIR be quashed if we settle?
Yes. The Supreme Court has repeatedly held that where a matrimonial dispute is genuinely settled, the criminal proceeding should be quashed. Proper settlement affidavits from both parties are required.
The FIR names my sister who lives in Mumbai and has never met my wife. Is that normal?
Unfortunately it is common, and it is exactly the category the Supreme Court has criticised. An omnibus allegation against a relative in another city, with no specific act attributed, is a strong quashing case.
Free first consultation. Call +91 82954 13475 at any hour, or send the details. You will get an honest read on your position and a written fee before any work begins.