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BUDI HABUNG
Suresh Rai – Appellant
Versus
State of Nagaland – Respondent
ORDER :
Budi Habung, J.
1. Heard Mr. Toshitemjen Pongener, learned counsel for the applicant/petitioner and Mr. K. Angami, learned Public Prosecutor (P.P.), Nagaland.
2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been jointly filed by three (3) applicants, namely; (1) Shri Suresh Rai, (2) Md. Ajay Ruddin and (3) Shri Akouvi Savi. The applicant No.1, Shri Suresh Rai and applicant No.2, Md. Ajay Ruddin are accused persons in Khuzama PS Case No. 04/2023,U/S 279/336/337 IPC read with sec.184 MV Act, and applicant No.3, Shri Akouvi Savi is informant of the above PS Case who represents the victim, Shri Nokedu Savi (minor).
3. By filing this application, the petitioners are praying for setting aside and quashing of GR Case No. 47/2023, registered under Section 279/336/337 IPC read with sec. 184 MV Act, arising out of Khuzama PS Case No. 04/2023 under Section 279/336/337 IPC read with sec. 184 MV Act pending before the learned Court of Judicial Magistrate First Class, Kohima, Nagaland, on the ground that the accused persons and the victim's family have amicably settled the matter by executing a deed of settlement on 02.04.2023 and subsequently by signing aff
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 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....
Quash of Criminal Proceeding - Amicable settlement – Power of High Court must have due regard to nature and gravity of crime - Ends of justice in terms of the compromise showing parties willingness t....
Quash of Criminal Proceedings - Amicably settlement - Since the parties had settled their disputes and the complainant agreed that the criminal proceedings need not be continued, the criminal proceed....
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
Inherent powers under Section 482 Cr.P.C. can quash proceedings based on valid compromise, provided it serves justice and prevents abuse of process, especially for non-heinous offences.
Mutual settlement does not justify quashing criminal proceedings in cases of serious offences, particularly where the victim is deceased, reflecting broader societal interests.
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