Back
BUDI HABUNG
Techi Nekam S/o Shri Techi Niglo – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
BUDI HABUNG, J.
1. Heard Mr. Sumit Chhetri, learned counsel for the petitioners. I have also heard Mr. G. Taloh, learned Additional PP for the State of AP.
2. This is a joint petition filed under Section 482 of the Criminal Procedure Code, 1973 (corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) praying for quashing of the chargesheet No. 171/2017 dated 16.07.2017 under section 279/338 IPC and its corresponding proceeding being GR case no. 111/2017 arising out of Itanagar PS case no. 38/2017 under section 279/338 of IPC pending before the Court of the Judicial Magistrate First Class, Yupia.
3. The petitioner no. 1, Shri Techi Nekam, is the informant; the petitioner no. 2, Shri Techi Butum, is the victim/pillion rider; the petitioner No. 3, Shri Bikram Gingbawas is the driver of the motorcycle, (accused No. 1) and the petitioner no. 4, Smti. Toko Jasmine, is the accused no. 2 in GR case No. 111/2017 arising out of the Itanagar PS case no. 38/2017.
4. The case of the petitioner is that on 22.02.2017, a written information was given to the Officer-in-Charge, Itanagar PS by the petitioner no. 1 stating that while the petitioners No. 2 and 3 were on thei
The court may quash proceedings for non-compoundable offences under Section 482 of the Cr.P.C. when parties have amicably settled their dispute, provided it does not pose serious societal implication....
The court can quash non-compoundable offences under Section 482 of the CrPC if they are personal in nature and do not impact public peace, following established legal principles.
The court can quash criminal proceedings under Section 482 of the Cr.P.C., 1973, when the parties have settled the dispute and the nature of the offense is not heinous or has a serious impact on soci....
Mutual settlement does not justify quashing criminal proceedings in cases of serious offences, particularly where the victim is deceased, reflecting broader societal interests.
The court's decision emphasized the exercise of power under Section 482 Cr.P.C in considering the nature and impact of the offence, the voluntary nature of the compromise, and the conduct of the accu....
When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure.
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
