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SANDEEP MOUDGIL
Jasmeet Kaur – Appellant
Versus
State of Punjab – Respondent
What is the effect of registering an FIR under a repealed statute on its validity? What are the recognized grounds for quashing an FIR under Section 482 Cr.P.C. as applied in this case? How does the repeal of the Indian Penal Code by Bhartiya Nagrik Suraksha Sanhita, 2023 affect ongoing or past proceedings and the status of previously registered FIRs?
JUDGMENT :
Sandeep Moudgil, J.
1. The jurisdiction of this Court has been invoked under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) seeking quashing of FIR No. 64, dated 17.07.2024, under Section 406 IPC, registered at Police Station Women, Jalandhar (Annexure P-4) along-with all consequential proceedings arising therefrom.
2. The principal contention put forth by the counsel for the petitioner is that the impugned FIR represents a manifest abuse of the legal process, given that the Bhartiya Nagrik Suraksha Sanhita, 2023 came into effect on 01.07.2024, while the FIR in question was registered on 17.07.2024 under the provisions of the Indian Penal Code, 1860. As the married sister-inlaw of respondent No. 2-complainant, petitioners No. 1 and 2 are said to have no influence over the day-to-day operations of their paternal household. Since nothing was entrusted to petitioners No. 1 and 2, they cannot be held criminally accountable for the contested FIR, which was filed under Section 406 IPC, which requires theft and breach of trust. The assertion is that because petitioners No. 3 and No. 4 have already lost their young son and are not in a pos
An FIR registered under a repealed statute constitutes an abuse of process and is liable to be quashed.
FIR registered under wrong law can be quashed but complaint can be retained and filed afresh under right law.
Crime and investigation – If any offence is committed prior to enforcement of new criminal laws, then if F.I.R. is registered after enforcement of new criminal laws, then same will be registered unde....
FIRs for offences committed before new laws must be registered under IPC, with investigations following BNSS procedures.
Continuation of ancillary proceedings under Section 229-A IPC is unsustainable post-acquittal in the main trial, reflecting the need to prevent abuse of the judicial process.
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
The repeal of the Code of Criminal Procedure, 1973, effective from 01.07.2024, mandates that all new petitions must be filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The court can quash criminal proceedings under Section 482 Cr.P.C. if it deems it necessary to prevent the abuse of the process of law and to secure the ends of justice.
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