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DELHI HIGH COURT
SWARANA KANTA SHARMA
Brijesh Singh – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. quashing fir process explained. (Para 1 , 4 , 5 , 6) |
| 2. guidelines for quashing criminal proceedings. (Para 7 , 8 , 9) |
| 3. exceptional circumstances for quashing. (Para 10 , 11) |
| 4. petition dismissed and fir quashed. (Para 12) |
JUDGMENT
Swarana Kanta Sharma, J. (ORAL)
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the petitioner seeking quashing of FIR bearing No. 02/2012, registered at Police Station Anand Parbat, Delhi for offences punishable under Sections 363/366/376 of the Indian Penal Code, 1860 ("IPC") and Sections 4/6 of Protection of Children from Sexual Offences Act, 2012 ("POCSO Act"). However, on 01.03.2014, charges were framed against the accused/petitioner for offences punishable under Sections 363/366 IPC and Section 6 of POCSO Act.
2. Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.
3. Petitioner is present before this Court and has been identified by his counsel Mr. Avninder Singh and Investigating Officer (IO) Inspector Arvind Kumar from Police Station Anand Parbat, Delhi.
4. In the present case, FIR under Section 363 IPC was registered on
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.
Serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties.
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.
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....
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....
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 main legal principle established in the judgment is that the inherent powers of the High Court under Section 482 can be used to quash criminal proceedings when the parties have settled the disput....
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 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....
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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