ARUN DEV CHOUDHURY
Fatema Begum – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. K. Agarwal, learned Senior Counsel assisted by Ms. P. Neog, learned counsel for the petitioner. Also heard Mr. K. Bhattacharya, learned counsel for the private respondent and Mr. A. K. Das, learned counsel representing the State of Assam.
2. The present revision petition under Section 397/401/482 of Cr.P.C. is filed assailing the judgment and order dated 31.10.2011 passed by the learned Additional Sessions Judge, Kamrup in Crl. Appeal No. 53/2010 and Cr the Criminal Revision No. 77/2010 confirming and upholding the judgment and order dated 19.06.2010 passed by the learned Magistrate 1st Class, Guwahati in C.R. Case No. 4594/2006, whereby the present petitioner was convicted for offences under Section 138 of the Negotiable Instruments Act, 1881 and directed to pay a sum of Rs. 5,00,000/-(five Lakhs) being the cheque amount along with the compensation of another Rs. 1,00,000/-(one lakh) under Section 357 of the Cr.P.C. in default to undergo S.I. for one year.
3. It is submitted that during the pendency of this proceeding, both the claimant and the respondent entered into an agreement of compromise on 03.05.2017. A copy of such agreement is produced by Mr. K. Agarwal
Gian Singh –Vs-State of Punjab and Another reported in 2012 10 SCC 303
State of Madhya Pradesh Versus Laxmi Narayan
State of Madhya Pradesh –Vs-Laxmi Narayan and Others reported in 2019 5 SCC 688
The court can exercise its inherent power under Section 482 of Cr.P.C. to quash criminal proceedings for non-compoundable offences having overwhelmingly civil character, particularly those arising ou....
The power under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice, allowing for the compounding of the offence and quashing of judgments and orders.
Compromise between parties verified by court can lead to quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, promoting peace and justice.
The High Court has the power to quash criminal proceedings based on compromise, especially in cases involving non-heinous offences and post-conviction compromises, to secure the ends of justice.
8. While exercising inherent power under Section 482 Cr.PC Court must have due regard to nature and gravity of crime and its social impact and it cautioned Courts not to exercise power for quashing p....
8. While exercising inherent power under Section 482 Cr.PC Court must have due regard to nature and gravity of crime and its social impact and it cautioned Courts not to exercise power for quashing p....
The court affirmed that compromises can be validly recognized in criminal cases under Section 138 of the Negotiable Instruments Act, allowing for quashing of proceedings.
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