#Section 528 BNSS

Allahabad HC upheld a trial court's order allowing a second Section 216 CrPC application to add Section 307 IPC, ruling medical evidence of a firearm injury and the victim's statement sufficient prima facie material for pre-judgment charge alteration. The court declined Section 528 BNSS interference, affirming trial courts' discretion to alter charges on credible evidence.

Gujarat HC quashed the bail cancellation order of the POCSO Judge, Deesa, holding that Section 528 BNSS requires a hearing before liberty can be curtailed, safeguarding accused in POCSO cases and preventing bail withdrawal without a fair hearing.

Uttarakhand High Court held that trials under Section 143(3) of the NI Act must conclude within six months. It directed the lower court to expedite proceedings, reinforcing statutory mandate for expeditious trial impacting NI Act cases with alleged delay.

A Punjab-Haryana High Court judgment bars police from directing any further inquiry after a cancellation report unless a magistrate authorises it under Section 173(8) CrPC and Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita. This limits police powers, ensuring judicial oversight of post-report investigations and protecting accused persons from unwarranted extensions of inquiry.

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.

The Bombay High Court has struck down a Rs. 28 lakh deposit condition for bail, affirming that financial capacity cannot substitute judicial evaluation of merits under Section 528 BNSS. This ruling strengthens the constitutional right to liberty by rejecting economic barriers to release, impacting thousands of undertrials facing similar arbitrary conditions across Maharashtra.

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.

Rajasthan High Court quashes FIR under Sections 64(2)(m), 308(2), and 351(3) of BNS, 2023, holding that compromise between parties can justify quashing even in non-compoundable offences if no useful purpose is served.

Karnataka High Court rules that Call Detail Records (CDRs) and prima facie allegations of nexus in organized crime cases demand trial adjudication, rejecting threshold quashing of charge sheets. The judgment reinforces that prosecution must establish complicity beyond reasonable doubt during trial, not at the quashing stage.

Allahabad High Court rejects quashing of charge-sheet under Section 528 BNSS but directs expeditious disposal of bail application within 15 days, emphasizing personal liberty under Article 21.

Rajasthan High Court quashes FIR under Sections 341, 323, and 143 IPC after parties compromise, applying principles from Gian Singh v. State of Punjab.

The Andhra Pradesh High Court has ruled that courts may reduce the mandatory 20% deposit under Section 528 BNSS to 10% when an accused demonstrates compelling financial distress and serious medical conditions, setting a precedent for equitable relief in non-violent economic offences. This shifts the rigid application of deposit conditions toward proportionality and personal circumstance, benefiting indigent accused in NI Act cases nationwide.

The Rajasthan High Court reduced a minor child’s interim maintenance from ₹10,000 to ₹5,000 per month, emphasizing the child’s age (1.5 years) and the petitioner’s income constraints. The ruling underscores judicial discretion in balancing financial responsibility with the child’s needs under Section 528 BNSS.

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.