Скачать или смотреть How to Quash FIR after Compromise | Section 482 CrPC| 528 BNSS | Supreme Court's 7 Rules Explained⚖️

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Have you reached a compromise in a criminal case and now wonder if the FIR can be quashed? 🤔 Ever thought about whether serious, non-compoundable offences, like an "attempt to murder" under Section 307 of the Indian Penal Code (IPC), can be withdrawn after a settlement? This comprehensive video is your ultimate guide to understanding the inherent powers of the High Court under the crucial Section 482 of the Code of Criminal Procedure (CrPC).

We dive deep into the landmark Supreme Court judgment of Narinder Singh vs State of Punjab, a ruling that laid down the definitive legal principles for the quashing of criminal proceedings based on a compromise between the victim and the offender. This judgment is the cornerstone for anyone looking to end legal proceedings after a mutual settlement.

✨ What You Will Learn In This Video ✨

In this detailed legal explainer, we break down the 7 GOLDEN RULES established by the Supreme Court. Understanding these guidelines is essential for litigants, law students, and anyone entangled in the Indian criminal justice system.

👨‍⚖️ Guideline 1: The Distinction Between Powers (Section 482 vs. Section 320 CrPC)
We clarify the fundamental difference between the High Court's special inherent powers under Section 482 to quash proceedings and a regular court's power to compound offences under Section 320. Learn why Section 482 is a discretionary power to be used sparingly and with caution.

🎯 Guideline 2: The Ultimate Objectives
Discover the two guiding factors for the High Court when exercising this power: (i) to secure the ends of justice, and (ii) to prevent the abuse of the process of any court.

❌ Guideline 3: Cases Where Compromise is NOT Allowed
This is critical. We list the types of heinous and serious offences where a compromise will NOT be accepted. These are crimes against society, not just an individual, and include offences like murder, rape, dacoity, and cases under special statutes like the Prevention of Corruption Act.

✅ Guideline 4: The Civil Character Exception
The Supreme Court carves out a clear path for quashing in cases that are predominantly civil in nature. We discuss how disputes arising from commercial transactions, matrimonial relationships (like dowry cases), or family issues can be resolved and criminal proceedings quashed once the parties have settled their entire dispute.

📊 Guideline 5: The "Remote & Bleak" Test
A practical look at the judiciary's approach. The High Court examines if the possibility of a conviction is "remote and bleak" following a compromise. If continuing the case would only lead to oppression and prejudice for the accused with no real chance of conviction, the court may quash the FIR.

💥 Guideline 6: The Special Analysis for Section 307 IPC
This is the most searched-for aspect! While Section 307 IPC (Attempt to Murder) is a heinous crime, the High Court won't reject a petition just by seeing this section. It will meticulously examine:

The nature of the injury sustained.

Whether the injury was on a vital part of the body.

The nature of the weapons used.

The evidence presented in the medical report.
Based on this analysis, the court determines if the charge is genuine or has been added frivolously.

⏳ Guideline 7: The Crucial Role of Timing
Timing is everything! The stage at which the settlement is reached plays a vital role.

Early Stage (Investigation): The High Court may be more liberal.

Mid-Stage (Charges Framed): The Court can still show benevolence after assessing the material.

Late Stage (Evidence Complete/Appeal): The High Court will likely refrain from quashing, especially if a conviction has already been recorded.

🇮🇳 New Law Update: CrPC to BNSS 🇮🇳
Stay updated with the latest legal reforms! We also cover the transition from Section 482 of the Code of Criminal Procedure (CrPC) to its new counterpart, Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and how these foundational principles will continue to apply.


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Disclaimer: This video is for educational and informational purposes only. It does not constitute legal advice. The information provided is not intended to be a substitute for professional legal advice. Always seek the advice of a qualified advocate with any questions you may have regarding a legal issue.

Advocate Atishay K. Prasad
📞 Phone: 9868554525
🌐 Website: www.prasadlaw.in
📍 Office: Chamber 334A, Western Wing, Tis Hazari Court, Delhi