An FIR registered under a repealed statute constitutes an abuse of process and is liable to be quashed.

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 position to fight a legal battle in their later years, it is argued on their behalf that the allegations are utterly ludicrous, vicious, and far-fetched. As a result, the petitioners cannot be subjected to the ordeal of a criminal trial.

3. Learned State counsel is not in a position to controvert the factual aspect as to whether the impugned FIR has been registered on 017.07.2024 under the Indian Penal Code, 1860 instead of BNSS, 2023, which has come into force on 01.07.2024.

4. Heard learned counsel for the respective parties.

5. The Supreme Court in the case of State of Haryana & Ors. Vs. Bhajan Lal & Ors. 1992 Supp (1) SCC 335 the scope of inherent powers of the High Court under Section 482 Cr.P.C. to quash the FIR has been discussed in detail. At the same time, the Apex Court identified the following cases in which FIR/complaint can be quashed:

“1. Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

2. Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

3. Where the un-controverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4. Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

6. Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the 21 proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.

7. Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

6. Section 358 BNS, 2023, reads as under:

Repeal of the Indian Penal Code:

(1) The Indian Penal