Quashing of FIR for BNS109 in case of Juvinile

907 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato

930 votes

high chances after Compromise quahing on high court In cases registered under Section 109 of the Bharatiya Nyaya Sanhita, 2023, where the accused is a juvenile, the law adopts a reformative and child-centric approach. Bail is the rule and detention is an exception. As per the Juvenile Justice (Care and Protection of Children) Act, 2015, a juvenile is ordinarily entitled to bail, unless there are specific reasons to believe that release will bring the child into association with known criminals, expose him to moral or physical danger, or defeat the ends of justice. Mere gravity of offence is not sufficient to deny bail. Once the parties have amicably compromised, the continuance of criminal proceedings serves no useful purpose, particularly when the juvenile has no criminal antecedents. In such circumstances, the High Court, in exercise of its inherent jurisdiction, can quash the FIR and consequential proceedings to secure the ends of justice and prevent abuse of process of law. Compromise deeds, statements of parties, and conduct after the incident are relevant considerations. Courts have consistently held that where the dispute is personal in nature, no societal impact remains, and the victim has voluntarily settled the matter, quashing is permissible even in non-compoundable offences, more so when a juvenile is involved. Therefore, after compromise, the juvenile is entitled to bail as a matter of right, and a petition for quashing of FIR before the Hon’ble High Court is legally maintainable and has strong chances of success.

Advocate Neha Gupta LawRato

522 votes

Bail and Quashing of FIR under Section 109 BNS in Case of a Juvenile after Compromise Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with abetment of an offence when the act abetted is committed. When the accused is a juvenile, the matter is primarily governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, which is a beneficial and reformative legislation. Bail: As per Section 12 of the JJ Act, a juvenile in conflict with law is entitled to bail as a rule, irrespective of whether the offence is bailable or non-bailable. Bail can be denied only if release is likely to bring the juvenile into association with known criminals, expose him to moral or physical danger, or defeat the ends of justice. In most cases under Section 109 BNS, especially where the role is limited and parties have compromised, the Juvenile Justice Board generally grants bail with suitable conditions. Quashing of FIR after Compromise: Although Section 109 BNS may not be compoundable, the High Court can quash the FIR under its inherent powers (Section 482 BNSS) if the dispute is personal in nature, the compromise is genuine, and continuation of proceedings would amount to abuse of process of law. Courts place significant emphasis on the juvenile’s future, reform, and rehabilitation. Where the offence does not involve heinous crime or serious societal impact, quashing after compromise is legally permissible.

Advocate Poonam Malik LawRato

768 votes

In this case, since the accused is a juvenile, bail may be granted by the Special / Sessions Court on the basis of a compromise, subject to the provisions of the Juvenile Justice law and the facts of the case. As regards quashing of proceedings, the allegations in the complaint must be carefully examined. If the allegations are of a heinous or serious nature, particularly in the context of Section 109 BNS, the court may be reluctant to quash the FIR or proceedings. Therefore, the viability of quashing depends on the gravity and nature of the alleged offence rather than merely on the compromise.

Advocate Sumegh Garg LawRato

660 votes

In a case under Section 109 BNS involving a juvenile, you can file an bail application under Section 12 of the Juvenile Justice Act, 2015 and is generally granted unless release is likely to expose the child to danger or defeat the ends of justice. After a genuine compromise between the parties, the High Court can quash the FIR by exercising its inherent powers. 1. File a petition before the High Court seeking quashing of FIR under its inherent powers. 2.Attach the compromise/settlement deed duly signed by the parties. Implead the State and complainant as respondents. 3.Court may direct parties to verify the compromise before the Trial Court/Illaqa Magistrate or JJ Board. 4.After verification and considering the nature of offence, role of the juvenile, and genuineness of settlement, the High Court may quash the FIR and all consequential proceedings.

Advocate Aditi Vashistha LawRato