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SUDHIR KUMAR JAIN
Arjun Kamti – Appellant
Versus
State of GNCT of Delhi Through Sho – Respondent
JUDGMENT (Oral)
1. The present petition is filed under section 482 Cr.P.C for quashing of FIR bearing no.0563/2018 dated 08.10.2018 registered under section 363 IPC at PS Punjabi Bagh at the instance of the respondent no. 2.
2. Issue notice.
3. Ms. Manjeet Arya, Additional Public Prosecutor accepts notice on behalf of the respondent no.1/State and the respondents no.2& 3 are present in the court along with counsel and accepts notice.
4. The FIR was got registered on the basis of complaint made by the respondent no. 2 wherein he suspected that some unknown person has kidnapped his daughter i.e. respondent no. 3 after taking out from his Guardianship. During the investigation the petitioner was arrested and Final Report as per section 173 Cr.P.C/charge sheet was filed for the offence under sections 363/376 IPC and under section 6 of the Protection of Children from Sexual Offences, Act 2012(POCSO) wherein the petitioner was implicated. After conclusion of investigation, the chargesheet has already been filed and the trial is stated to be pending in the Court of Ms. Harleen Singh, ASJ, Tis Hazari Courts, West, Special Court (POCSO).
5. The statement of the respondent no. 3 was rec
The court's decision was based on the principle that the power to quash criminal proceedings should be exercised to secure the ends of justice and prevent abuse of the process of the court, consideri....
The court's decision was based on the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the settlement between the p....
Serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties.
Inherent powers under section 482 of Code can be used to prevent abuse of process of law and to secure ends of justice.#12;
The High Court can quash non-compoundable offences under Section 482 when the parties amicably settle their dispute and continuation of proceedings would cause extreme injustice.
The court's decision established the principle that in cases where the victim and the accused have settled their dispute, and there is a remote possibility of conviction, the court may exercise its i....
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
Heinous and serious offences cannot be quashed based on a compromise between the parties, as per the principle laid down by the Hon'ble Supreme Court.
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences based on the settlement between the parties, to secure the ends of just....
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