Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ANJAN MONI KALITA
Machu Londa S/o Shri Tabyo Londa – Appellant
Versus
State of A.P. – Respondent
| Table of Content |
|---|
| 1. details surrounding the case initiation (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments for quashing based on settlement (Para 7 , 8 , 9 , 10) |
| 3. reference to previous cases and observations (Para 11 , 12) |
| 4. legal reasoning on mutual settlements and quashing (Para 13 , 14 , 15 , 16 , 17) |
| 5. consequences of compromising serious offences (Para 18 , 19 , 20) |
| 6. decision on case based on precedents (Para 21 , 22) |
| 7. final rejection of the petition (Para 23) |
JUDGMENT :
ANJAN MONI KALITA, J.
1. Heard Mr. R. Ingo, learned counsel appearing on behalf of the Petitioners. Also heard Ms. T. Jini, learned Addl. Public Prosecutor, representing the State of Arunachal Pradesh.
2. The instant petition, under Section 528 of the BNSS , 2023, has been filed by 5(five) Petitioners jointly, seeking quashing and setting aside of the G.R. Case No. 333/2019, arising out of Itanagar P.S. Case No. 124/2019, dated 21.05.2019, registered under Sections 279 /304(A) of IPC and the subsequent Charge-sheet No. 14/2020 dated 15.02.2020, under /304/201/34 , pending against the Petitioner no. 1 and the Petitioner no. 2, before the Court of the Judicial Magistrate First Class, Yupia.
3. The Petitioner no. 1 and th
Mutual settlement does not justify quashing criminal proceedings in cases of serious offences, particularly where the victim is deceased, reflecting broader societal interests.
The FIR under Section 304-A cannot be quashed based on compromise, given the serious nature of the offence and its societal implications.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
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.
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
