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SWARANA KANTA SHARMA
Vipin – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
CRL.M.A. 21699/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 5768/2023
3. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioners seeking quashing of e-FIR bearing no. 000426/2020 dated 31.10.2020 registered at Police Station Civil Lines for offence punishable under Sections 392/394/397/411/34 of Indian Penal Code, 1860 (`IPC') and Section 25/54/59 Arms Act, 1959.
4. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
5. The FIR in the present case was lodged on the complaint of the complainant himself who had alleged that on 30.10.2020 at about 9:15 PM, when he was going home to Mukundpur from Gandhi Nagar where he works in a shop and had reached ISBT, Bus Depot near Hanuman Mandir and had boarded a TSR in which two persons were already sitting. When the TSR had reached Burari bypass flyover, one of the persons sitting in the TSR had caught hold of his neck and had also put a knife on the side of his waist. The TSR driver had stopped the TSR, had caught hold of his legs and the third o
The nature of the offence and its impact on society are crucial factors in deciding whether to quash an FIR.
Quashing of FIR should be an exception and rarity, and the court cannot inquire into the reliability or genuineness of the allegations in the FIR.
Quashing of FIR should be sparingly exercised, especially in cases of serious offences, and the Court should not interfere with the investigation at the initial stage.
The Court can quash non-compoundable offences under its inherent jurisdiction if the settlement between the parties justifies the exercise of such power and the continuation of the prosecution would ....
The inherent power under section 482 CrPC can be invoked to quash proceedings, even for non-compoundable offences, to serve the ends of justice and prevent abuse of the process of law.
The power of quashing should be exercised sparingly and only in exceptional circumstances when a prima facie case is not made out against the accused. The court also highlighted the principles that g....
The main legal point established in the judgment is the court's inherent power to quash proceedings based on a genuine and voluntary compromise between the accused and the victim, emphasizing the ref....
The exercise of power under Section 482 CrPC to quash the prosecution is justified when there is no chance of recording a conviction against the accused and the entire trial is destined to be an exer....
The main legal point established in the judgment is the exercise of inherent powers under Section 482 Cr.P.C. to quash the FIR and consequent proceedings based on a compromise, considering the nature....
The main legal point established is that the inherent powers of the court under section 482 CrPC can be invoked to quash non-compoundable offences based on a settlement between the parties, consideri....
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