Topic
The inherent powers of High Courts under Section 482 of the CrPC allow them to quash criminal proceedings to prevent abuse of process or secure justice, even in non-compoundable offences, when settlements are voluntary and genuine.
Kerala High Court quashed criminal proceedings under Bharatiya Nyaya Sanhita Sections 126(2) and 118(1) after parties amicably settled disputes, relying on Gian Singh and Section 528 BNSS. The ruling reinforces inherent powers of High Courts to quash cases post-compromise, benefiting accused in non-compoundable offences.
Allahabad High Court quashes criminal proceedings under Sections 498-A, 406, 323, 504, 506 IPC after parties compromise in matrimonial dispute, relying on Supreme Court precedents.
Kerala High Court invokes inherent powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings where parties amicably settled disputes under Bharatiya Nyaya Sanhita, 2023. The ruling reinforces the court's discretion to prevent abuse of process in compoundable offences.
Himachal Pradesh High Court invokes inherent powers under Section 528 BNSS to quash an FIR under Bharatiya Nyaya Sanhita and SC/ST Act after parties compromise, reinforcing that non-heinous offences can be settled amicably without trial. The ruling clarifies the scope of compromise in criminal cases involving caste-based allegations and electoral threats.
Rajasthan High Court reinforces that even non-compoundable offences under Sections 467, 468, 471, and 120B IPC can be quashed post-compromise, applying the Supreme Court's Gian Singh precedent. The ruling underscores the High Court's inherent powers under Section 528 BNSS to prevent abuse of process where parties settle amicably, even in serious offences.
Rajasthan High Court exercises inherent powers under Section 528 BNSS to quash criminal proceedings for non-compoundable offence (Section 308 IPC) after parties reach an amicable settlement, reinforcing the Gian Singh precedent that prioritizes justice over technical rigidity. This ruling clarifies that even non-compoundable offences may be quashed if compromise serves the ends of justice, impacting criminal litigation strategy for similar cases.
The Andhra Pradesh High Court held that continuing trial against a petitioner after the acquittal of a co-accused in dowry-related offences (Section 498A IPC and Dowry Prohibition Act) amounts to an abuse of process. The ruling reinforces that quashing is necessary where evidence is insufficient to sustain charges, protecting accused from prolonged harassment.
Allahabad High Court quashed rape proceedings under Section 376 IPC where the victim and informant withdrew support, emphasizing that continuing trial in such cases amounts to abuse of process. The ruling reinforces the court's inherent powers to prevent harassment when conviction is unlikely and parties have amicably settled.
Allahabad High Court rules that once an arbitral tribunal is constituted under Section 11, parties cannot later challenge its composition based on contractual clauses not raised during appointment. The court held that waiver under Section 4 of the Arbitration Act precludes post-appointment review, reinforcing party autonomy in arbitration proceedings.
Allahabad High Court quashed an FIR and criminal proceedings under Section 482 CrPC after parties reached a compromise, extending the principle to offences beyond strict compoundable limits. The ruling reinforces the High Court’s inherent powers to prevent abuse of process, even where statutory compounding is barred, provided the compromise is genuine and verified.
Allahabad HC rules that criminal proceedings under Sections 376, 504, and 506 IPC may be quashed if both parties are married, have settled the dispute, and the compromise is verified by the trial court. The ruling emphasizes that continuing proceedings would disrupt marital harmony without serving public interest.
Bombay High Court quashes FIR under Section 498A IPC after parties dissolve marriage by mutual consent and settle Rs. 10 lakh compensation, reinforcing courts' discretion to end criminal proceedings in private disputes where reconciliation is achieved. The ruling sets a precedent for quashing non-compoundable offences when parties amicably resolve matrimonial disputes.
The Himachal Pradesh High Court quashed an FIR against minors after a voluntary compromise, holding that Section 528 of BNSS permits dismissal of non-heinous, interpersonal offences when prosecution serves no public interest. This reinforces that compromise in low-impact criminal disputes between minors can override mechanical prosecution, expanding judicial discretion beyond heinous crimes.
Chhattisgarh High Court dismisses a petition under Section 528 BNSS seeking directions for a fair investigation, holding that inherent powers cannot be invoked without demonstrating abuse of process. The ruling underscores that courts will not intervene in routine investigative matters unless procedural fairness is egregiously violated.
Himachal Pradesh High Court quashed an FIR under the Protection of Women from Domestic Violence Act (PWDVA) after the parties mutually divorced and settled their dispute, holding that non-heinous matrimonial disputes can be resolved without criminal prosecution under Section 482 CrPC. The ruling underscores judicial discretion to prevent abuse of process where parties reconcile.