Quashing of FIR in BNS cases - Multiple petitions have been filed seeking to quash FIRs under the Bharatiya Nyaya Sanhita (BNS), 2023, based on various grounds such as amicable settlements, compromise between parties, or the case becoming infructuous. SMT. CHIKKATAYAMMA W/O RAVI KUMAR vs STATE OF KARNATAKA - Karnataka, Thiyagarajan vs The State, Represented by, The Inspector of Police, Kalakkad Police Station, Tirunelveli District. - Madras, Eraxon Tajom vs The State of AP - Gauhati
Grounds for quashing - Courts generally consider factors like mutual settlement, civil nature of offences, and whether continuation would amount to abuse of process. For instance, in cases where parties reached an amicable settlement post-marriage or relationship, FIRs have been quashed to prevent abuse of process. AVINASH OJHA @BHOLU vs STATE NCT OF DELHI AND ANR - Delhi, Sanjay Vaishnav vs State Of Rajasthan - Rajasthan, Rajendra Singh vs State of Rajasthan - Rajasthan
Conditions and guidelines - The courts emphasize that offences with predominantly civil flavor or where compromise is reached are suitable for quashing, provided the allegations do not involve serious criminal conspiracies or heinous offences. The nature of offences and the circumstances are crucial in decision-making. Sanjay Vaishnav vs State Of Rajasthan - Rajasthan, AVINASH OJHA @BHOLU vs STATE NCT OF DELHI AND ANR - Delhi, Ugam Singh vs State Of Rajasthan - Rajasthan
Judicial approach - Courts have allowed petitions under Section 528 of BNS and Section 482 of CrPC, especially when the FIR is based on civil disputes, and the parties have amicably settled. The key considerations include whether continuation of proceedings would be an abuse of process and if the allegations are primarily civil in nature. Jeetu S/o Ramcharan vs State of Rajasthan - Rajasthan, Thiyagarajan vs The State, Represented by, The Inspector of Police, Kalakkad Police Station, Tirunelveli District. - Madras, Eraxon Tajom vs The State of AP - Gauhati
Conclusion - Quashing FIRs in BNS cases is generally granted when parties reach an amicable settlement, and the offences are civil or non-serious. The courts prioritize preventing abuse of process and ensuring that criminal proceedings do not become punitive in civil disputes. Each case is assessed on its facts, especially the nature of offences and the stage of proceedings.
This Criminal Original Petition has been filed seeking to quash the FIR
(A) Indian Penal Code, 1860 - Sections 85, 115(2), 352, 351(2) and 3(5) of BNS, 2023 - Quashing FIR - The petitioners sought to quash ... the FIR as the investigating officer has filed a charge-sheet indicating the case has become infructuous.
Bharatiya Nyaya Sanhita, 2023 , ( BNS , as against the petitioner, are hereby quashed.
This Criminal Original Petition has been filed by the petitioners to call for the records pertaining to the First ... Recording the compromise, this petition stands allowed and the First Information Report in Crime No.876 of 2024, dated 29.12.2024
(Paras 7-8) ... ... Facts of the case: ... The petitioner sought quashing of FIR for offences under ... Both parties agreed to the quashing. ... and compounding offences - Guidelines emphasized on nature of offences when considering quashing. ... But the criminal cases having overwhelmingly and pre- dominatingly civil flavour stand on different footing for the purposes of quashing ... The position that....
(A) Sections 69 & 351(2) of BNS - FIR quashing - Compromise reached between parties post marriage - The parties have amicably settled ... ... ... Facts of the case: ... The petitioner and respondent had a relationship with promises of marriage, leading to an FIR due ... ... ... Findings of Court: ... The FIR and all proceedings are quashed as their continuation would be an abuse of process, and the ....
(A) Sections 126(2), 115(2), 333, 74 and 3(5) of BNS - Quashing of FIR - The petitioner sought to quash an FIR involving allegations ... circumstances warrant quashing. ... ... ... Issues: The main issue was whether the conditions for quashing the FIR under Section 528 BNSS were met. ... The present criminal misc. petition under Section 528 BNSS, has been filed by th....
BNS .
(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The petitioner sought quashing of FIR No. 454/2024 for ... various offences under BNS, citing amicable settlement between parties - Complainant-respondent admitted the compromise and agreed ... (Paras 5-6) ... ... Result: Petition allowed; FIR and all proceedings quashed. ... Petition has been filed under Section 4....
(A) Criminal Procedure - Quashing of FIR under Section 528 of BNS, 2023 - The petitioner sought quashing of FIR alleging wrongful ... (Paras 2, 10) ... ... (B) FIR - Conditions for quashing an FIR - FIR quashment may occur if allegations ... the commission of cognizable offences, including criminal conspiracy and extortion - Delay i....
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