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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Shahidur Rahman @ Shahidul Ali, S/o. Yachin Ali – Appellant
Versus
State Of Assam, rep. By The PP, Govt. Of Assam – Respondent
| Table of Content |
|---|
| 1. initiation of criminal proceedings and fir details. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding familial compromise and withdrawal of the case. (Para 6 , 7 , 8 , 9) |
| 3. legal precedents regarding quashing of fir in civil cases. (Para 10 , 11 , 12) |
| 4. support for compromise and its impact on court proceedings. (Para 13 , 14) |
| 5. court's assessment of ongoing proceedings and parties' requests. (Para 15 , 16 , 17 , 18 , 19) |
| 6. assessment of evidence and likelihood of conviction. (Para 20 , 21 , 22) |
| 7. quashing of proceedings based on settled matter. (Para 23) |
| 8. disposition of the case. (Para 24) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. N. Ahmed, learned counsel for the petitioner as well as Mr. R.A. Ahmed, learned counsel for respondent no.2. and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.
2. This is an application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners, namely, 1. Shahidur Rahman @ Shahidul Ali, 2. Mirzan Ali @ Mizanur Ali and 3. Fuljan Nessa, for quashing the impugned Charge-Sheet No. 304/2021, dated 31.10.2021, arising out of Sarthebari P.S Case No.472/2018 (PRC Case No. 1470/2022), under S
Settlement between parties can justify quashing criminal proceedings under Section 482 if the allegations are predominantly civil and the possibility of conviction is minimal.
The High Court can quash FIRs under Section 482 when parties settle personal disputes, provided the crime is not heinous and does not have a serious societal impact.
It is well settled that powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.
The main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
The court may quash FIRs in cases involving serious offences if the parties have resolved their dispute amicably and the likelihood of conviction is minimal.
The court affirmed that inherent powers under Section 482 allow quashing of FIRs for non-compoundable offences in personal disputes if it serves justice, despite the serious nature of the charges.
Quash of Criminal proceedings – Compromise between parties - High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or....
The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
Rape – Quash of FIR - Compromise between parties - High Courts ought not to use the inherent powers under S. 482 Cr.P.C. in quashing FIRs under Section 376 IPC even if the prosecutrix has entered int....
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