Gian Singh v State of Punjab (2012) | Quashing After Settlement (Section 528 B.N.S.S.)

Case 27 of 30 in Law Easy's Supreme Court criminal procedure series. Gian Singh v. State of Punjab, Supreme Court of India (three judges), decided 2012. FACTS A smaller bench doubted earlier decisions in which non-compoundable cases were quashed after settlement and referred the matter to a larger bench. The question was whether the High Court can quash a non-compoundable case on the basis of settlement. WHAT THE COURT HELD The larger bench upheld the earlier decisions. Quashing under the High Court's inherent power is different from compounding, which is a statutory power limited to listed offences. Heinous and serious offences such as murder, rape and dacoity should not be quashed even if the victim's family settles, nor offences under special statutes like the Prevention of Corruption Act or offences by public servants in that capacity. Cases with an overwhelmingly civil flavour, such as commercial, financial, matrimonial or family disputes, may be quashed if conviction chances are remote and continuing would cause great oppression and extreme injustice. CURRENT LAW Section 359 B.N.S.S. deals with compounding, while Section 528 B.N.S.S. preserves the High Court's inherent powers (the old Section 482). WATCH MORE All 30 cases in order (playlist): https://www.youtube.com/playlist?list=PLYOVyhaD5Gdw Complete lecture with case-wise chapters (1 hr 52 min): https://youtu.be/xrBwaWooHmg Previous case (Case 26): Mahender Chawla v Union of India (2018) - https://youtu.be/-aERfKlwrx0 Next case (Case 28): State of Haryana v Bhajan Lal (1990) - https://youtu.be/ArPrCwEnWzg Notes and resources: https://www.thelaweasy.com Useful for LL.B., CLAT PG, UGC NET Law and Judiciary exam preparation. This video is for education only and is not legal advice. #LawEasy #GianSingh #CLATPG