Topic
Section 528 of the Bharatiya Nyaya Sanhita (BNS) allows courts to quash criminal proceedings in certain non-heinous offences when a genuine compromise is reached between parties, even if the offence is technically non-compoundable.
Jharkhand HC quashed the order requiring an Rs 8 lakh security for releasing a seized Maruti Baleno, directing that only a reasonable indemnity bond be furnished. The decision enforces proportionality under Section 528 BNSS, shielding vehicle owners from arbitrary financial demands.
The Punjab & Haryana High Court set aside an FIR registered under Sec 209 of the Bharatiya Nagarik Suraksha Sanhita after the complainant withdrew the underlying Sec 138 Negotiable Instruments Act complaint, deeming further prosecution an abuse of process. It also vacated the proclamation of the petitioner as a proclaimed person. The ruling protects parties where a civil settlement leads to withdrawal of the original NI Act complaint.
Bombay High Court (Aurangabad Bench) quashed a non-bailable warrant against an accused for a single-day absence, ruling that issuance without exhausting alternatives under BNS 528 breaches personal liberty. The court emphasized strict compliance with statutory safeguards and precedents on inherent powers to quash warrants.
Punjab & Haryana High Court quashed a non-compoundable FIR under Bharatiya Nagarik Suraksha Sanhita 2023 after parties amicably settled, holding that inherent jurisdiction can override statutory restrictions to secure justice in purely private disputes. The ruling reinforces that courts may intervene where compromise is genuine, lacks coercion, and does not affect public interest.
The Himachal Pradesh High Court has ruled that where parties to a non-heinous road accident case under IPC Sections 279, 337, and 338 reach a voluntary compromise, the FIR may be quashed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita if continuing prosecution offers no discernible public benefit. This sets a clear precedent for courts to prioritize restorative justice over mechanical prosecution in low-severity traffic offences, benefiting accused persons and reducing judicial backlog.
The Himachal Pradesh High Court set aside a proclaimed offender order under Section 84 BNS not upon full repayment, but on the accused’s binding undertaking to pay the cheque amount within a week and appear on a specified date, with costs imposed. This establishes a new procedural pathway where partial compliance and judicial oversight can suspend proclamation - a significant shift for cheque bounce accused seeking to avoid arrest without full restitution.
Delhi High Court quashed a decade-old FIR under Section 528 of the Bharatiya Nagarik Suraksha Sanhita after all victims, including the legal heir of the deceased, consented to an unconditional compromise. The ruling reinforces that inherent powers can be exercised to quash criminal proceedings where public servants and their legal heirs settle disputes amicably, even in non-compoundable offences.
Delhi High Court quashed an FIR under Sections 498A/406/34 IPC after the spouses reconciled and cohabited for over three years, holding that private disputes lacking public interest may be terminated under Section 528 BNS 2023. The ruling reinforces the court's inherent powers to prevent abuse of process where parties settle amicably.