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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Abhishek Kumar S/o Ram Dhyan Mandal – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition to quash sec 69 bns proceedings. (Para 1 , 2 , 3) |
| 2. petitioner argues sec 69 compoundable; cite precedents. (Para 4 , 5 , 7 , 8) |
| 3. sec 69 serious offence; art 142 inapplicable to hc. (Para 6 , 11 , 13 , 14) |
| 4. opponents argue sec 69 serious; oppose quashing. (Para 9 , 10) |
| 5. allegations constitute sec 69; no quashing warranted. (Para 12 , 15 , 16 , 17) |
| 6. petition dismissed as meritless. (Para 18) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with the prayer for quashing and setting aside the entire criminal proceeding including the order dated 31.07.2025 passed by learned JMFC, Dhanbad , in connection with Mahila P.S. case no. 09 of 2025 whereby and where under, learned Magistrate has taken cognizance of the offence punishable under Section 69 and 352 of the BNS, basing upon the charge sheet submitted by the police against the petitioner for having committed the said offences.
3. The allegation against the petitioner is that the petitioner by adopting deceitful means and by making promise to marry the Opp. Party no. 2 wi
Proceedings under BNS Section 69 for sexual intercourse by deceitful promise of marriage not quashable under BNSS Section 528 despite compromise, as serious heinous offence with societal impact.
The court cannot quash proceedings for heinous offences like rape based on compromise, emphasizing the serious societal impact of such crimes.
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice is served.
The High Court can quash non-compoundable offences under inherent powers if the parties have amicably settled their disputes, ensuring justice is served.
High Court may quash FIRs alleging rape and kidnapping via inherent powers on compromise, especially retaliatory cross-cases, to prevent abuse of process and foster harmony, despite offence gravity, ....
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice and preventing abuse of process.
High Court may quash FIR under serious sexual offence on compromise and marriage if relations consensual, misunderstanding caused FIR, early trial stage, preventing abuse of process and promoting har....
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
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