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ABHAY S. OKA, UJJAL BHUYAN
Ramesh Kumaran – Appellant
Versus
State, through the Inspector of Police – Respondent
JUDGMENT :
(Abhay S. Oka, J.)
FACTUAL ASPECTS
1. This appeal arises out of a dispute between the first appellant and the second respondent who are both members of the Bar and practise before the Courts in Kodaikanal. The second appellant is the father of the first appellant. Two First Information Reports (for short, ‘FIR’) were registered as a result of a dispute between the first appellant and the second respondent. According to the appellants, on 18th December 2017, the second respondent and two other persons assaulted the appellants. Therefore, FIR No.499 of 2017, which was the first FIR, was registered at the instance of the first appellant. It is alleged in the said FIR that at 4.45 pm on 18th December 2017, while the first appellant was walking near Kodaikanal Lake, the second respondent and two unidentified persons were drinking alcohol in a car. The allegation is that the said three persons assaulted the first appellant. Thereafter, the second respondent punched the first appellant on the nose with his right hand. The nose started bleeding. The first appellant has alleged in the FIR that the fight arose from past animosity, as he had a verbal altercation with the second respo
(1) – If magnanimity is to be shown by someone, same should be done by persons holding highest constitutional office.(2) Even if litigants do not understand what is in their best interest, it is duty....
The central legal point established in the judgment is the court's power to quash criminal proceedings based on the amicable settlement between the parties, considering the nature and gravity of the ....
High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause o....
Private nature of the dispute, amicable resolution, and the exercise of inherent powers under Section 482 of the Code of Criminal Procedure to quash the FIR and related proceedings.
The inherent powers of the High Court under Section 482 can be used to quash criminal proceedings to meet the ends of justice, especially in cases of compromise between the parties.
Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recogni....
High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause o....
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