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2012 Supreme(Del) 2450

SURESH KAIT
Bhagwan Dass – Appellant
Versus
State – Respondent


For the Petitioners:Mr. Ghanshyam Sharma , Mr. Vikas Sharma, Advocates.
For the Respondents: Ms. Rajdipa Behura, APP with ASI Charan Dass, PS Mandir Marg, Mr. K.K. Sharma, Adv. for R-2 with R-2 in per#31;son.

Judgement Key Points

The legal document discusses the issue of quashing an FIR in the context of criminal law, specifically regarding non-compoundable offenses under the Indian Penal Code. The court considered the nature of the offenses, the possibility of amicable settlement between the parties, and the financial circumstances of the petitioners.

The court emphasized that generally, offenses that are classified as non-compoundable are not subject to settlement and cannot be quashed solely on the basis of an amicable resolution. However, in this case, the court took a pragmatic approach, considering the amicable settlement and the fact that the petitioners belonged to a lower socio-economic background with limited financial means.

The court ultimately decided to quash the FIR and all proceedings related to it, emphasizing the importance of justice and the interests of the parties involved. It also refrained from imposing costs on the petitioners, recognizing their financial hardship.

This decision underscores that while non-compoundable offenses typically cannot be settled out of court, courts may exercise their inherent powers to quash FIRs in cases where there is an amicable settlement, especially when the parties are from vulnerable socio-economic backgrounds, and continuing prosecution would serve no meaningful purpose.


JUDGMENT :

Suresh Kait, J.

Crl.M.A.No.2724/2012(exemption)

Exemption is allowed subject to just exceptions.

Criminal M.A. stands disposed of.

CRL.M.C. No.774/2012

1. Issue notice.

2. Ms. Rajdipa Behura, learned APP accepts notice on behalf of the State.

3. Mr.K.K. Sharma, Advocate accepts notice on behalf of respondent No.2.

4. Vide the instant petition, the petitioner has sought quashing of the FIR No. 344/2005 dated 01.09.2005 under Sections 308/323/34 of the Indian Penal Code, 1860 registered at P.S. Mandir Marg, New Delhi against the petitioners, on the complaint of respondent No.2.

5. Learned counsel for the petitioners further submits that the respondent No.2 as well as the petitioners are known to each other since long and on some petty issue some altercation took place between them due to which respondent No.2 received injuries. In the MLC of respondent No.2, the doctor has opined the injury to be „simple in nature caused with blunt weapon?.

6. It is further submitted that since they are living in the same locality and they belong from the lower strata of the society, with the intervention of the locality people, they have amicably settled all the issues qua the aforesaid FIR. He fur













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