Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
Govindbhai Naranbhai Bhola – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
[1.0] By way of present successive quashing petition under Article 226 of the Constitution of India read with Section 528 of the BNSS , the petitioners have sought quashing of the impugned FIR being I-CR No.20 of 2015 registered with Sutrapada Police Station, District Gir Somnath for the offences punishable under Sections 395 , 452, 323, 540 and 506(2) of the INDIAN PENAL CODE , 1860 (for short “IPC”).
[2.0] Heard learned advocate for the petitioners and learned APP for respondent No.1 – State of Gujarat.
[3.0] Learned advocate for the petitioners has submitted that settlement has taken place between the parties and now, no purpose would be served in continuing with such proceedings and hence, has sought quashing of the proceedings on the ground of settlement. Further, the petitioners and complainant belong to same village and all are like friends and knowing each other since many years and even the complainant has supported the present petition by way of filing an affidavit. Further, as the complainant and petitioners have arrived at an amicable settlement, continuation of proceedings against the present petitioners would be nothing but rigmarole of trial
Serious non-compoundable offences like robbery cannot be quashed based solely on settlements, as they affect public interest and must be adjudicated in the interests of justice.
The court held that serious offences like rape cannot be quashed based on compromise, emphasizing the societal impact and the need for justice.
The main legal point established is that the High Court can quash criminal proceedings based on a compromise, even for non-compoundable offences, if it serves the ends of justice and does not impact ....
The main legal point established in the judgment is that the exercise of inherent power under Section 482 CrPC can be justified to prevent abuse of the process of law and secure the ends of justice, ....
The court's decision emphasized the voluntary nature of the compromise, the impact of the offences on public peace and moral fabric of society, and the exercise of inherent power under section 482 Cr....
The High Court can quash criminal proceedings if a compromise is reached, provided the nature of the crime allows for such action and the possibility of conviction is deemed remote.
The inherent power under Section 482 CrPC can be exercised to quash a criminal proceeding based on a settlement between the offender and the victim, even if the offence is non-compoundable, to preven....
The court can invoke the inherent jurisdiction under section 482 CrPC to quash non-compoundable offences if the settlement is voluntary and in the interest of justice, considering the impact on publi....
The main legal point established is that the inherent power under Section 482 Cr.P.C can be used to quash proceedings based on a compromise, even for non-compoundable offences, if it serves the ends ....
The main legal point established is that the High Court can invoke its inherent powers under section 482 CrPC to quash criminal proceedings, even for non-compoundable offences, if it deems it necessa....
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
