Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
482/528 v. 320/359 (CrPC/BNSS)
“Power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code.
High Court may quash criminal proceedings pertaining to offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute.
In this category of cases, High Court may quash criminal proceedings if in its view—
(ALL together)
1. Compromise between the offender and victim,
2. Possibility of conviction is remote and bleak,
3. Continuation of the criminal case would put the accused to great oppression and prejudice.
4. Extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim.
