N. UNNI KRISHNAN NAIR
Charu Tayum, S/o. Late Charu Tai – Appellant
Versus
State Of AP, Represented through Public Prosecutor, Gauhati High Court – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. Tabit Tapak, learned counsel for the petitioner. Also heard Mr. Token Ete, learned Addl. P.P., Arunachal Pradesh, appearing on behalf of respondent No. 1; and Mr. Chorpok Modi, learned counsel, appearing on behalf of respondent No. 2.
2. The petitioner, herein, in the present proceeding has instituted the criminal petition, praying for quashing of the First Information Report(FIR), dated 21.05.1991, lodged by the respondent No. 2, leading to registration of Naharlagun P.S. Case No. 40/1999, under Section 332/427 of the Indian Penal Code along with the charge sheet being charge sheet No. 39/1999, dated 01.08.1999, laid by the I.O. initially before the Court of learned District Magistrate, Papum Pare District, and presently pending in the Court of the learned Judicial Magistrate First Class, Capital Complex, Yupia, in G.R. Case No. 45/1999.
3. The respondent No. 2, herein, had lodged an First Information Report(FIR) before the Officer-in-Charge of Naharlagun Police Station, inter alia, alleging therein, that while he was posted as a Doctor at Naharlagun General Hospital on 21.05.1999, he was called to attend to a patient who was stated to
B.S. Joshi & Ors. v. State of Haryana & Anr.
Gian Singh v. State of Punjab & Anr. reported in (2012) 10 SCC 303
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice is served.
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice and preventing abuse of process.
The High Court can quash non-compoundable offences under inherent powers if the parties have amicably settled their disputes, ensuring justice is served.
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
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 court can quash criminal proceedings involving non-compoundable offences under Section 482 of the Cr.P.C. to prevent abuse of the process of any Court and to secure the ends of justice.
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
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.
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