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.