Quashingpetition pending at high court may affect bail grant

After the recent Supreme Court judgment in the case of Gian Singh v. State of Punjab - High Courts are no more empowered to quash cases of rape on the basis of compromise and marriage. Quashing now would be done only on the merits of the case i.e if the case appears to be an abuse of the process of law, and since chargesheet is presented it is prudent to argue on charge. Pendency of quash petition before high court won't affect power of trial court to grant bail post presentation of chargesheet.

Bharat Chugh

* Advocate Supreme Court of India

I fully agree with Mr. Chug. Whatever proceeding is going on high court, you have to seek bail unless you obtain stay on the proceeding of the case in lower court.

Bharat is right....this Gian Singh judgment has limitized the powers of the High Court.

but the bench may take some lenient view in the matter provided the matter is presented in appropriate manner.

seek quashing but on proper grounds.

since the girl is in your favour so there are almost nil chances of the order being assailed before SC or otherwise the quashing being opposed by the prosecutrix but the state will definitely oppose the petition.

After the decision in Gian Singh's case it has now become clear that compromise cannot be the basis of quashing heinous offences such as rape,murder and other offences which affect the society at large such as Corruption cases. Quashing of rape cases can now be done only on the merits if it is proved that the allegations in the FIR taken at their face value manifest an abuse of the process of law in which case the HC has the power to quash the proceedings in the interest of justice.  

The relevant part of the judgment has been extracted below.

''Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute."

However, the pendency of quashing in the HC would not preclude the trail court from granting bail.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

Thanx everyone