Provisio of 223 of BNSS is Mandatory

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 223 and Negotiable Instruments Act, 1881 Section 138 - Complaint under Section 138 of NI Act - Requirement under first proviso to Section 223 BNSS, 2023 - Held, Magistrate must issue notice to the accused and provide an opportunity of being heard before taking cognizance of the complaint - Complaint and summoning order set aside for non-compliance with mandatory procedural requirements. (Allahabad High Court)  

High Court quashed criminal proceeding

High Court quashed the criminal proceedings under Sections 498A, 323, 406 IPC and Section 4 of the Dowry Prohibition Act, 1960, in view of a compromise between the parties, exercising its inherent powers under Section 482 Cr.P.C. to secure the ends of justice and prevent abuse of the court's process. (Uttarakhand High Court)