Section 528 BNSS

settlement POCSO case
Case BriefsHigh Courts

The Delhi High Court held that quashing the FIR would legitimise child marriage and the exploitation of a minor.

settlement demand extortion
Case BriefsHigh Courts

The Court held that an exorbitant settlement demand, without an intentional threat or fear of injury, does not attract Section 385 IPC.

reinstatement of public servants
Case BriefsHigh Courts

Punjab and Haryana High Court granted interim bail to a police Sub-Inspector in a Prevention of Corruption Act case and directed the Haryana Chief Secretary to explain the rules governing the reinstatement of public servants facing corruption trials, including safeguards against witness tampering and evidence manipulation.

loan dispute criminal case
Case BriefsHigh Courts

The Calcutta High Court found the complaint lacked essential ingredients, the summons were mechanical, and the complainant was a stranger to the loan.

Promise-to-marry allegation by married woman
Case BriefsHigh Courts

The Kerala High Court held that a mere allegation of a false promise to marry by a woman in a subsisting marriage did not disclose the essential ingredients of an offence under Section 69 of the BNS and, consequently, quashed the FIR and all further proceedings.

Pre-cognizance hearing and prejudice
Case BriefsHigh Courts

The Court observed that a mere change of Counsel is no ground to entertain a challenge to the cognizance order when the trial is at the stage of hearing final submissions

Covid-19 WhatsApp rumour creating panic
Case BriefsHigh Courts

J&K and Ladakh High Court held that fear or panic alone does not satisfy the provision unless the statement is intended, or likely, to promote enmity, hatred or ill-will between different groups.

Bar Council response criminal cases against advocates
Case BriefsHigh Courts

The Court held that while mere registration of an FIR does not attach stigma and every accused is presumed innocent, the increasing criminal cases involving practising advocates warrant institutional attention and policy consideration by the Bar Councils.

cheating FIR mediation settlement
Case BriefsHigh Courts

In the case at hand, pursuant to the Court’s referral to the Mediation and Conciliation Centre, the parties arrived at an amicable settlement.

Mandatory reporting of POCSO offence
Case BriefsHigh Courts

“The statutory mandate under Section 21, POCSO Act admits of no dilution, no hesitation, and no delay. The duty to report an offence against a child is not a matter of institutional discretion but an imperative cast by the statute, the breach of which itself constitutes a distinct offence.”

Recall of quashed Rape FIR
Case BriefsHigh Courts

The Court warned that permitting reopening of quashing orders on the basis of subsequent matrimonial disputes would fundamentally defeat the object underlying exercise of jurisdiction under Section 528 BNSS.

S. 498-A case quashed after mutual divorce
Case BriefsHigh Courts

“Where a criminal proceeding is manifestly attended with mala fide 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, the High Court while exercising its inherent power can proceed to quash the proceedings.”

no inducement of prostitution
Case BriefsHigh Courts

“Section 3, Immoral Traffic (Prevention) Act, 1956 deals with the punishment for keeping a brothel or allowing premises to be used as a brothel, and the said provision has no application to the petitioner who is alleged to be merely a customer.”

FIR Against husband family quashed
Case BriefsHigh Courts

“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”

S. 359 BNSS no bar on HC's inherent power
Case BriefsHigh Courts

“Criminal litigation between near relatives or co-sharers often originate from civil or matrimonial disputes and directing the quashment of proceedings by invoking the inherent powers in cases of personal nature not involving any heinous offence, is likely to meet the ends of justice.”

accused’s right to travel abroad for studies
Case BriefsHigh Courts

In the present case, a 21-year-old accused is offered admission in International University of Applied Sciences Berlin (Germany) and wants to pursue his study abroad. However, he was denied permission to travel abroad on mere apprehension of fleeting the legal process.

Investigation against Shah Rukh
Case BriefsHigh Courts

Actors Shah Rukh Khan and Deepika Padukone are Brand Ambassadors of the Hyundai having no connection with the sale of vehicle in question and do not deal with affairs of Company of consumer complaints for repairing of manufacturing defects.

Using Article 226 to Quash FIR
Case BriefsSupreme Court

In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.

CrPC or BNSS
Case BriefsHigh Courts

The Court was deciding the issue of maintainability of a petition, wherein it was argued that instead of filing the petition under Section 528 BNSS, it ought to have been filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), as the BNSS came into force on 1-7-2024, whereas the FIR was filed in 2022.

non-issuance of summons DV
Case BriefsHigh Courts

“The specific incidents pleaded in the complaint against the husband has already resulted in initiation of criminal proceedings against him and the reliefs sought in the complaint are being pursued against husband and being heard by the Trial Court.”