Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Dashrathsinh Mangubha Rana – Appellant
Versus
R/Criminal Appeal No. 563 of 2012 With R/Criminal Appeal No. 948 of 2012 With R/Criminal Appeal No. 949 of 2012 – Respondent
| Table of Content |
|---|
| 1. overview of the conviction and appeals (Para 1) |
| 2. settlement reached between parties (Para 2 , 3 , 4) |
| 3. criteria for quashing criminal proceedings (Para 5 , 6) |
| 4. promotion of fraternity and dignity under the constitution (Para 7 , 8 , 9) |
| 5. compounding of offences under section 323 ipc (Para 10) |
| 6. conclusion and dismissal of appeals (Para 11 , 12) |
JUDGMENT :
GITA GOPI, J.
1. Challenge in these appeals is given to the judgment and order of conviction and sentence dated 3.4.2012 passed by the learned Special Judge (Atrocity) and Additional Sessions Judge, Surendranagar in Special Case no.14 of 2011 for the offence punishable under Sections 323 , 504, 114 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as “IPC”) as well as Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (hereinafter referred to as “the Atrocities Act”), whereby the learned Judge has acquitted the appellants for the offence punishable under Sections 504 of the IPC and Section 3(1) (x) of the Atrocities Act. The learned Judge has convicted the appellants for the offence punishable under Sections 323 and 34 of the IPC to undergo simple imprisonment
The High Court can quash criminal proceedings for compoundable offences when the disputes between victim and offender are resolved amicably, ensuring judicial efficiency.
A redundant criminal proceeding cannot be allowed to continue.
The court can quash criminal proceedings based on settlement, taking into account the nature of the crime and its impact on society, as well as the importance of fraternity and unity in the country.
Inherit powers of High Court - Amicable Settlement - Quash of FIR - Settlement arrived at between parties, there exists no scope for any further proceeding in matter - Continuance of proceedings woul....
Point of law: Court can, in exceptional cases, exercise power under Section 482 Cr.P.C. for quashing the cases to prevent misuse of provisions on settled parameter, as already observed while deciding....
Point of law : Constitution itself, in no uncertain terms, demands that the State shall strive, incessantly and consistently, to promote fraternity amongst all citizens such that dignity of every cit....
All insults or intimidations to a person will not be an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 unless such insult or intimidation is on account of vi....
The High Court may quash criminal proceedings when parties have settled amicably, provided the nature of the offence allows for compounding and continuation would constitute an abuse of the court pro....
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
