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CHANDRA DHARI SINGH
Baljit Singh – Appellant
Versus
State – Respondent
JUDGMENT :
CHANDRA DHARI SINGH, J.
1. The instant Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C”) has been filed by the petitioners seeking quashing of F.I.R bearing No. 12/2008 registered at Police Station Crime Branch for the offences punishable under Sections 384/420/467/468/471/477/506/120-B/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).
FACTUAL MATRIX
2. Brief facts of the case are that the instant FIR bearing No. 12/2008 dated 22nd October, 2008 was registered at Police Station Crime Branch, Delhi against Mr. Davinder Sharma, Mrs. Seema Sharma, Mr. Sanjay Kriplani, Mr. Baljit Singh, Mr. Kuldeep Singh and Mr. Hari Om Yadav for the offence of extortion of more than Rs. 100 crores by way of putting the complainant and his wife in fear of death. It is contended in the instant FIR that the complainant, Mr. Harbhajan Singh Chopra and his wife Mrs. Surjit Kaur Chopra are the Directors of 'Hotel Fountain Head Motel Pvt. Ltd.' (a company incorporated under the Indian Companies Act, 1956). As per the FIR, the extortion by the accused pe
The veracity of complainant’s allegations of coercion and duress would also have to be tested in any other appropriate proceedings. Be that as it may, once complainant has claimed that settlement agr....
High Court quashed FIR for non-compoundable non-consensual sexual intercourse offence on victim-accused compromise and her court statement, as conviction remote, trial futile, securing ends of justic....
Powers of High Court under Section 482 to quash criminal proceedings where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differen....
While exercising power under Section 482 Cr.P.C can also be swayed by the fact that settlement between the parties is going to result in harmony between them which may improve their future relationsh....
The power of the High Court to quash criminal proceedings under Sec. 482 of CrPC should be sparingly and cautiously exercised, and should not be used for heinous and serious offences. The timing of s....
Point of Law : Accident case – Compromise between parties – Offence not involving moral turpitude or any grave/heinous crime – Proceedings can be quashed.
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases where there is no chance of recording a conviction again....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases involving voluntary compromise and non-compoundable offe....
The main legal point established in the judgment is that the court has inherent power to quash criminal proceedings, even in non-compoundable cases, based on genuine compromises, considering the natu....
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