Where criminal proceedings are found unsubstantiated after investigation and accused stands exonerated, petitions under Section 528 BNSS for quashing may be dismissed as not pressed. This decision affirms established judicial approach, providing clarity for future quashing petitions in such circumstances within Punjab and Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/33669/2025 of AMARINDER SINGH Vs STATE OF PUNJAB AND OTHERS |
| CNR | PHHC010978542025 |
| Date of Registration | 27-06-2025 |
| Decision Date | 01-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE NAMIT KUMAR |
| Court | High Court of Punjab and Haryana |
| Bench | Single Bench: MR. JUSTICE NAMIT KUMAR |
| Precedent Value | Binding on subordinate courts in Punjab and Haryana |
| Type of Law | Criminal Law; Procedural – Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Questions of Law | Whether High Court should continue with a petition for quashing criminal proceedings when the competent police authority has found allegations against the petitioner unsubstantiated and exonerated him. |
| Ratio Decidendi | When, after investigation of a criminal complaint, the competent police authority finds the allegations unsubstantiated and exonerates the accused, it is appropriate for the petitioner not to press the quashing petition. The court may then dismiss such a petition as not pressed, as no criminal proceedings survive to be quashed. |
| Facts as Summarised by the Court | After registration of DDR under Section 89 BNSS, the police investigated and found allegations against the petitioner unsubstantiated, resulting in exoneration. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab and Haryana |
| Persuasive For | Other High Courts facing analogous issues under BNSS |
What’s New / What Lawyers Should Note
- Where the investigation exonerates the petitioner and police find allegations unsubstantiated, continuing a quashing petition under Section 528 BNSS serves no practical purpose and may be dismissed as not pressed.
- Legal representatives should verify the outcome of police investigation before pressing such petitions.
- The State’s acknowledgment of the petitioner’s exoneration can expedite dismissal of unnecessary litigation.
Summary of Legal Reasoning
- The petitioner filed a quashing petition under Section 528 BNSS concerning DDR No. 46 registered under Section 89 BNSS.
- State counsel, upon instructions from the investigating officer, confirmed that after registration, police investigation found the allegations against the petitioner to be unsubstantiated and the petitioner was exonerated.
- In light of this, petitioner’s counsel did not press for further orders.
- The court, recognizing that no further criminal proceedings remained, dismissed the petition as not pressed.
Arguments by the Parties
Petitioner
- Filed petition for quashing of DDR and all consequential proceedings, with request for stay on coercive steps.
Respondent (State)
- State counsel (on instructions from SHO) submitted that, after investigation, allegations against petitioner were unsubstantiated and petitioner was exonerated.
Factual Background
- A DDR (No. 46 dated 10.06.2025) was registered at Police Station Sohana, District SAS Nagar, Mohali under Section 89 BNSS, 2023 against the petitioner.
- During investigation, the police found the allegations to be unsubstantiated and exonerated the petitioner.
- Upon this finding, petitioner chose not to press the quashing petition.
Statutory Analysis
- Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was invoked for quashing proceedings.
- Section 89 of the Bharatiya Nyaya Sanhita, 2023 (BNS) formed the basis for DDR registration and further investigation.
- No further statutory interpretation or constitutional discussion detailed.
Alert Indicators
- ✔ Precedent Followed – The approach follows established practice for quashing petitions post-investigation exoneration.