Section 359 BNSS Doesn't Curtail High Court's Inherent Powers U/S 528 To Quash FIRs: Jammu & Kashmir And Ladakh High Court

The Jammu & Kashmir and Ladakh High Court has clarified that Section 359 of the Bharatiya Nyaya Sanhita 2023 doesn't bar High Courts from exercising its inherent powers to quash FIR under Section 528 BNSS.

The Court was considering a Petition seeking quashing of the FIR registered under Sections 498-A, 109 of the Indian Penal Code on the ground of amicable settlement between the parties.

The bench of Justice Mohammad Yousuf Wani observed, ".....Provisions of Section 320 of the Code corresponding to Section 359 of the BNSS do not restrict but only limit the powers of this Court under Section 482 of the Code corresponding to Section 528 of BNSS so that the extraordinary powers are used only in exceptional circumstances to meet the ends of justice. Provisions of Section 482 of the Code (528 of BNSS) have an overriding affect and are not to be read as subject to the provisions of Section 320 of the Code (359 of BNSS)...."

The Petitioner was represented by Advocate Amita Khajuria while the Respondent was represented by Deputy Advocate General P.D. Singh.

Facts of the Case

The Petitioner was the husband of Respondent No. 2. They subsequently developed matrimonial dispute inter se, which unfortunately led to the dissolution of their marriage as a result of the mutual settlement. It was submitted that petition for dissolution of marriage is pending adjudication before Civil Court.

Reasoning By Court

The Court allowed the quashing of the FIR since it was of the opinion that it may meet the ends of justice in case the instant petition, however, it held, "....an that an FIR cannot be generally and in routine manner allowed to be quashed in exercise of the powers under Section 528 of BNSS corresponding to Section 482 of the Code on the main ground that the parties have settled their controversy that had become the cause of occurrence, yet exceptional ground appears to be made out in the opinion of the Court, in the facts and the circumstances of the case, for invoking its extraordinary powers under Section 528 of BNSS to quash the FIR in question."

Referring to relevant case laws, the Court further held, "The provisions of Section 359 of the BNSS corresponding to Section 320 of the Code do not restrict but limit and circumvent the powers of this Court under Section 528 of the BNSS corresponding to Section 482 of the Code regarding quashment of FIR‟s and criminal proceedings for the sake of the society at large which is real beneficiary of the criminal justice delivery system."

It stressed that allowing the complainant/victim and the accused in a criminal proceeding at any stage of investigation, trial or appeal to seek quashment of the proceedings or the compounding of the offences even in cases where commission of noncompoundable offences of personal nature not involving public/social aspect is alleged, on the basis of amicable settlement, is not likely to prove detrimental to the scope and object of the provisions of Section 359 of the BNSS corresponding to Section 320 of the Code.

The Petition was accordingly allowed.

Cause Title: Sidharth Mahajan & Anr. v. UT of J&K & Anr.

Appearances:

Petitioner- Advocate Amita Khajuria

Respondent- Deputy Advocate General P.D. Singh, Advocate Rahul Aggarwal

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