Back
RAJNISH BHATNAGAR
Shakib Ali @ Sahil – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J. This petition has been filed for quashing of FIR No. 704/2022, under Sections 376(2)(n)/506 IPC registered at Police Station Nihal Vihar on the ground that the parties have settled their disputes vide Memorandum of Understanding dated 17.04.2023.
2. Heard.
3. Record Perused.
4. It is stated that in the MOU dated 17.04.2023, which is on record of this Court, the parties had agreed that the physical relationship between them was out of free consent and without any pressure, coercion or threat and they have now settled the previous disputes and differences.
5. During the course of the arguments learned counsel for the petitioner has drawn the attention of this Court to the various judgments passed by the Hon'ble Supreme Court and by this Court:
6. The Supreme Court in Arun Shankar Shukla V State of Uttar Pradesh and others, AIR
The main legal point established in the judgment is the power of the High Court to quash criminal proceedings based on settlement, considering the nature and gravity of the crime, and the scope and a....
The court has the inherent power to quash criminal proceedings in accordance with the guidelines engrafted in such power, especially in cases where the possibility of conviction is remote and bleak, ....
The inherent power of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings in appropriate cases where the offender and victim have settled their dispute, w....
The main legal point established in the judgment is that the power of the High Court to quash criminal proceedings under Section 482 Cr.P.C. should be exercised in accordance with the principles of s....
The power of the High Court to quash criminal proceedings based on a compromise between the parties must be exercised to secure the ends of justice and prevent abuse of the process of the Court.
The High Court can quash FIRs in cases of amicable settlements involving predominantly civil disputes, preventing abuse of process.
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....
The central legal point established in the judgment is that the power to quash a criminal proceeding based on a compromise must be exercised to secure the ends of justice and prevent abuse of the pro....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
