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MANISH CHOUDHURY
Vaibhav Jain, S/o. Subhash Chand Jain – Appellant
Versus
State of Nagaland Represented by its Public Prosecutor – Respondent
JUDGMENT :
1. The instant criminal petition under Section 482, Code of Criminal Procedure, ['the Code' and/or 'the CrPC', for short] is preferred by two petitioners viz. [1] Sri Vaibhav Jain, and [2] Sri Bhupendra Singh Rathore, seeking quashing and setting aside of a First Information Report [FIR] dated 12.02.2020, registered as Chumukedima Police Station Case no. 16/2020 [corresponding G.R. Case no. 193/2020] on 22.02.2020, for offences under Sections 120B/406/409/420/467/477A, Indian Penal Code [IPC] and Section 138 r/w Section 142 of the Negotiable Instruments Act, 1881, as amended, and the criminal proceedings arising out of the said FIR.
2. The petitioners have been arraigned as accused in the First Information Report [FIR] lodged by one Sri Bajrang Lal [the respondent no. 2] as the informant projecting himself as the Manager and the authorized person of one M/s Sitaram Mittal, a proprietorship firm. Based on the said FIR lodged, on 12.02.2020, before the Officer In- Charge, Chumukedima Police Station, the crime case being Chumukedima Police Station Case no. 16/2020 [corresponding G.R. Case no. 193/2020] has come to be registered for the alleged offences, mentioned hereinabov
The power of the High Court to quash criminal proceedings under Sec. 482 of CrPC should be sparingly and cautiously exercised, and should not be used for heinous and serious offences. The timing of s....
The High Court can quash non-compoundable offences under Section 482 if they are personal in nature and the parties have settled their disputes amicably, ensuring no adverse effect on public interest....
The power of the High Court in quashing a criminal proceeding or FIR in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the of....
Heinous and serious offences cannot be quashed based on a compromise between the parties, as per the principle laid down by the Hon'ble Supreme Court.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases where there is no chance of recording a conviction again....
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
FIR under Section 307 IPC not quashable on compromise if charge-sheet evidences grievous life-endangering injuries from deadly weapons, establishing prima facie heinous offence against society.
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