Plea To Quash FIR Lodged Under IPC If Filed After July 1 Should Be Governed By BNSS: Delhi High Court

The Delhi High Court has recently quashed a matrimonial case filed against a husband by his wife in 2018 while treating his plea for quashing of the FIR filed under Code of Criminal Procedure (CrPC) under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS).

Justice Anup Jairam Bhambhani analyzed Section 531(2)(a) of BNSS and said that proceedings are to be disposed of, continued, held or made in accordance with the Cr.P.C. only in cases where such proceedings were already pending immediately before July 01.

“It appears therefore, that while inserting the repeal and savings provision in section 531 of the BNSS, the intention of Parliament was to not disrupt on-going proceedings by changing the governing law during the pendency of such proceedings,” the court said.

It added that since the husband filed the quashing petition after July 01, it ought to have been filed under the BNSS.

“Be that as it may, in order to obviate any unnecessary delay, the present petition is treated as one under section 482 Cr.P.C. read with 528 of the BNSS,” the court said.

Justice Bhambhani quashed the FIR registered by the wife for the offences under Section 498A (cruelty by husband or his relative), 406 (punishment for criminal breach of trust) and 34 (common intention) of Indian Penal Code, 1860.

This was after the parties entered into a settlement in March 2021 through mediation before the family court. The parties had there sought dissolution of their marriage by mutual consent.

Issuing notice on the plea, the court noted that the parties had two children who stayed with the wife. the wife confirmed that in accordance with the terms of the settlement deed, the property that was to be transferred by the husband in the joint names of her and her son was transferred and that she held the title documents.

She also confirmed that the husband as well as his parents will be entitled to interact with and meet the two children, in accordance with the terms of the settlement deed.

The court observed that in light of the settlement, continuing with the FIR would be an exercise in futility and would not be conducive to peace and harmony between the parties.

As the court quashed the FIR, it added that the settlement between the parties leading to the closure of all criminal proceedings will in no way affect the rights of the children regarding their father, as may be available under law, in any manner.

Title: SH. ANUPAM GAHOI v. STATE (GOVT. OF NCT OF DELHI) AND ANR

Citation: 2024 LiveLaw (Del) 826

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