#FIR quash

The Punjab & Haryana High Court ruled that when parties settle a Section 138 NI Act complaint, the related proclamation and FIR under Section 290 BNS must be dismissed, resulting in the FIR's quash. This prevents further criminal prosecution once the principal dispute is resolved, safeguarding litigants who reach settlement.

The Calcutta High Court dismissed the FIR, ruling that the accused cannot be charged under Section 85 of the BNS Act because they are neither the husband nor a blood, marital or adoptive relative of the complainant’s husband. This narrows liability under the Act to immediate family members.

The Gujarat High Court quashed an FIR for wildlife offences, ruling that Section 55 mandates a formal complaint by a statutorily authorised officer for cognizance, not a police-style FIR. The decision reinforces that special statutes with specific complaint procedures oust the general CrPC framework, barring proceedings initiated without jurisdictional foundation.

The Delhi High Court ruled that once a criminal trial is underway, the court’s inherent powers cannot be used to set aside the FIR, even when the complainant and accused have reached a settlement. This limits the ability of parties to terminate pending prosecutions through private compromise after prosecution has begun, affecting litigants seeking FIR quash on settlement grounds.

The Supreme Court quashed the FIR for cheating and criminal breach of trust, holding that a commercial dispute lacking proof of dishonest intent at inception cannot be prosecuted under the Bharatiya Nyaya Sanhita. The ruling protects businesses from criminal charges unless fraud is clearly established, shaping future FIRs in commercial disagreements.

The Gujarat High Court set aside the FIR and charge-sheet, ruling that a civil property dispute cannot be transformed into a criminal case, and invoked its power under Section 482 CrPC to curb abuse of process. This safeguards subsequent land purchasers and others from criminal prosecution over purely civil title matters.

Bombay High Court invokes Section 482 CrPC to quash an FIR where allegations of cheating and forgery stemmed from a redevelopment dispute, emphasizing that private civil grievances cannot be criminalized. The ruling clarifies that criminal proceedings are unwarranted when the core dispute revolves around contractual obligations or allotment disagreements, offering relief to developers and parties entangled in similar civil disputes.