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SUDHIR KUMAR JAIN
Vinod Kumar Pandey – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT (Oral)
1. The present petition is filed under section 482 Cr.P.C for quashing of FIR bearing no. 0289/2016 dated 21.05.2016 registered under section 363 IPC at P.S Sagarpur at the instance of the respondent no. 2 along with the consequential proceedings stated to be pending in the court of the Court of Ms. Chhavi Kapoor, ASJ, Patiala House Courts, New Delhi titled as State Vs. Vinod Kumar Pandey in SC bearing no.264/2021 under sections 363/376/366 IPC.
2. Issue notice.
3. Ms. Utkarsh, Additional Public Prosecutor assisted by investigating officer SI Aarti Yadav, P.S Sagarpur 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. 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 after conclusion of the investigation Final Report as per section 173 Cr.P.C/charge sheet was filed for the offences punishable under sections 363/376/366 IPC and under section 6 of the
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 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....
The court has the power to quash FIRs for serious crimes only if there exists a remote possibility of conviction and fairness to justice requires such action.
Serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties.
The High Court can quash FIRs under Section 482 when parties settle personal disputes, provided the crime is not heinous and does not have a serious societal impact.
Quash of Criminal proceedings – Compromise between parties - High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or....
Inherent powers under section 482 of Code can be used to prevent abuse of process of law and to secure ends of justice.#12;
It is well settled that powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.
Point of Law : 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 proceedin....
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