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RAJNISH BHATNAGAR
Prem Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Rajnish Bhatnagar, J.
1. The present petition has been filed by the petitioner under Article 226 of Constitution of India read with section 482 Cr.P.C for quashing of FIR No. 274/2017 under Sections 363/376 IPC and Section 6 POCSO Act registered at Police Station R.K Puram, Delhi and all other proceedings emanating therefrom.
2. In brief the facts of the case are that on 26.08.2017, the above said FIR got registered on the complaint of respondent no.2/complainant, who is the father of respondent no. 3/victim, against the petitioner wherein it is alleged that the petitioner enticed the daughter of the complainant and took off with her. On the basis of the said complaint the above mentioned FIR was registered under section 363 IPC. During the course of investigation, the victim girl/respondent no.3 came to Police Station Giri and thereafter her statement under section 161 Cr.P.C was recorded. It was stated by her that she left the house of her parents of her own free will because her parents objected to the relationship between her and the petitioner Prem Kumar and also threatened to kill her and the petitioner if she continued to be in contact with him. She further stated tha
The court can exercise its inherent powers under Section 482 Cr.P.C. to quash FIRs and criminal proceedings, even in non-compoundable cases, based on the specific facts and circumstances of the case,....
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....
Serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties.
Criminal Law - Seeking quash of FIR/ Proceedings - Power under Section 482 Cr.P.C. and further even otherwise, in view of statement of complainant, if criminal proceedings are allowed to continue sam....
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.
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.
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 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 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....
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