Inherent Powers of High Court

Quashing of Criminal Proceedings by the Delhi High Court: Law, Tests, Landmark Case Laws and Procedure

by
Quashing of criminal proceedings by the Delhi High Court under Section 482 CrPC and Section 528 BNSS — grounds, tests and landmark case laws

Quashing of criminal proceedings under Section 482 CrPC and Section 528 BNSS represents one of the most potent supervisory powers exercised by the High Courts. Over the years, the Delhi High Court has evolved a structured jurisprudence—drawing from landmark Supreme Court precedents such as Bhajan Lal, Gian Singh, Neeharika Infrastructure, Parbatbhai Aahir, and Rajiv Thapar—to determine when continuing a criminal case would amount to an abuse of process or a miscarriage of justice.

This article explains the governing legal principles, the tests applied by courts, and the procedural framework followed in Delhi for quashing FIRs, charge‑sheets, and criminal complaints. It also analyses recent trends, including settlement‑based quashing, scrutiny of matrimonial disputes under Section 498A, and the emerging interface between the CrPC and the BNSS. The aim is to provide practitioners with a practical, precedent‑aligned guide to navigating quashing petitions before the Delhi High Court.

Quashing of Criminal Proceedings u/s 528 BNSS by Higher Court: Supreme Court’s Four-Step Test & Grounds Explained

by
quashing of criminal case in India under section 482 CrPC or 528 BNSS or Article 226 of the Constitution of India.

The Supreme Court’s 2025 ruling in Pradeep Kumar Kesarwani v. State of U.P. clarifies when High Courts can quash criminal proceedings under Section 482 CrPC and Section 528 BNSS. This article explains the Court’s structured four-step test, revisits the Bhajan Lal principles, and provides a practical, litigation-oriented guide for lawyers seeking quashing before the High Courts and Supreme Court.