Particle.news

Download on the App Store

Allahabad High Court refers FIR-quashing powers under BNSS to nine-judge bench

The single-judge bench flagged that a 1989 ruling has become obsolete in light of Supreme Court judgments on high court intervention powers under the criminal procedure overhaul.

Overview

  • The nine-judge bench will examine whether Section 528 of the BNSS grants high courts power to quash FIRs under the IPC and the Dowry Prohibition Act.
  • Justice Arun Kumar Singh Deshwal challenged the 1989 Ramlal Yadav full bench ruling that barred FIR quashing under the previous CrPC framework.
  • The Allahabad bench deemed the Ramlal Yadav precedent obsolete after Supreme Court rulings in Bhajan Lal (1990) and Neeharika Infrastructure (2021) broadened quashing powers.
  • The petitioners are contesting a Chitrakoot CJM order directing police to register FIRs under sections 498A, 323, 504, 506 and 342 of the IPC read with Section 3/4 of the Dowry Prohibition Act.
  • The Supreme Court’s 2025 Imran Pratapgadhi decision removed any absolute bar on quashing FIRs at early investigation stages, prompting the referral for definitive guidance.