Srinagar- The High Court of J&K and Ladakh has said that provisions of CrPC or BNSS do not restrict but limit the court’s power to quash FIR and criminal proceedings for the sake of the society at large.
“Although this Court is of the opinion that an FIR and the consequent charge-report culminating from the investigation cannot be generally and in a routine manner allowed to be quashed in exercise of the powers under Section 482 of the Code on the mere ground that the parties have settled their controversy that had become the cause of the occurrence, yet the provisions of Section 320 of the Code do not restrict the powers of this Court vested in it under Section 482 of the Code to quash the FIR and the consequent investigation process in exceptional circumstances for furthering the cause of justice especially in cases where the matrimonial disputes involving two families are amicably settled subsequent to registration of the FIR,” said a bench of Justice Mohd. Yousuf Wani while allowing a petition, seeking quashment of a case (FIR) registered in 2021 with Police Station, Nowabad, Jammu under Section 498-A IPC.
“In case the FIR’s and the criminal cases culminating from the investigations are allowed to be quashed at the wish of the complainants and/or accused, the criminal justice system is likely to become a causality and the society at large will have to bear the consequences,” the court said.
The Court said that the provisions of the Section 320 of the Code of 1973 corresponding to the Section 359 of the new Code i.e. Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) do not restrict but limit and circumvent the powers of this Court under Section 482 of the Code corresponding to Section 528 of the new Code (BNSS) regarding quashment of FIR and criminal proceedings, for the sake of the society at large, which is the real beneficiary of the criminal justice delivery system.
Both the repealed Code of 1973 and the new Code of 2023 as per the provisions respectively contained under Sections 320 (9) and 359 (9) provide that no offence shall be compounded except as provided under the said sections, the court noted.
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