Principles of Quashing FIR under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023

Inherent Powers of the High Court under Section 528 BNSS

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to erstwhile Section 482 of the Code of Criminal Procedure, preserves the inherent powers of the High Court. These powers are exercised to prevent abuse of the process of law and to secure the ends of justice in appropriate cases.

Scope and Object of Inherent Jurisdiction

The inherent jurisdiction of the High Court enables judicial scrutiny of criminal proceedings at the threshold stage. The Court may intervene where continuation of proceedings would be unjust, oppressive, or contrary to the basic principles of criminal jurisprudence.

Abuse of Process of Law

The High Court can quash an FIR when it is found that criminal proceedings are initiated maliciously or for an ulterior purpose. If the process of criminal law is invoked merely to harass the accused, such initiation amounts to abuse of process.

Civil Disputes and Criminal Proceedings

The Hon’ble Rajasthan High Court, Jaipur Bench, has clarified that disputes which are predominantly civil in nature should not be given a criminal colour. Criminal proceedings cannot be permitted where the controversy essentially arises from civil or contractual obligations.

Absence of Essential Ingredients of Criminal Offence

It has been held that if the allegations in the FIR, even when accepted in their entirety, do not disclose the essential ingredients of any criminal offence, the FIR is liable to be quashed. Mere breach of contract or civil liability does not constitute a criminal offence.

Judicial Approach of the Rajasthan High Court

The Rajasthan High Court emphasized that criminal law should not be used as a weapon to settle civil scores. Registration of FIRs in purely civil disputes results in misuse of the criminal justice system and unnecessary harassment of individuals.

Exercise of Power to Secure Ends of Justice

In such circumstances, the High Court is justified in exercising its inherent powers under Section 528 BNSS to quash the FIR. This ensures that the criminal process is not misused and that the ends of justice are duly protected.

Anyone facting any criminal proceedinds due to civil disputes should contact to Criminal Law Expert in Jaipur for early remedy.