IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
ABDUL LATHEEF S/o. ABDURAHMAN – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
A five Judges Bench of the Punjab and Haryana High Court inKulwinder Singh and Others v. State of Punjab and Another [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [(2012) 10 SCC 303]. Similarly in Narinder Singh and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under section 482 of the Criminal Procedure Code to quash the F.I.R in a crime alleging offences under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 5
Court emphasizes the need for practical resolution in personal disputes, allowing quashment of criminal proceedings when parties reach a genuine and voluntary settlement.
The court emphasized the acceptance of voluntary settlements in personal disputes, allowing quashment of criminal proceedings under Section 482 when further prosecution would be an abuse of process.
The court may quash criminal proceedings under Section 482 when parties reach a genuine settlement, especially in non-compoundable offences, to prevent abuse of process.
The court emphasized that in personal disputes, voluntary and fair settlements should be accepted to avoid unnecessary litigation, allowing quashment of proceedings under Section 482 of the Criminal ....
The court may quash criminal proceedings under Section 482 when a genuine settlement exists between parties, even for serious offences, to prevent abuse of process.
The court may quash criminal proceedings if a genuine and voluntary settlement exists between the parties, even for serious offences, to prevent abuse of process.
Point of Law : Quash of FIR – Accident due to rash and negligent driving – Compromise between parties – High court can exercise power under S. 482.
In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous a....
In exercise of power under Section 482 and while dealing with a plea that dispute has been settled, High Court must have due regard to nature and gravity of offence. Heinous and serious offences invo....
The inherent powers of the High Court under Section 482 can be used to quash criminal proceedings in appropriate cases to meet the ends of justice, especially when the parties have settled the disput....
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