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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE C. JAYACHANDRAN, J
Aseem, S/o Sayed – Appellant
Versus
State Of Kerala – Respondent
ORDER :
A five Judges Bench of the Punjab and Haryana High Court in Kulwinder 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 . 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 Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] as regards quashment in respect of offences like 3
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.
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 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 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.
Court emphasizes the need for practical resolution in personal disputes, allowing quashment of criminal proceedings when parties reach a genuine and voluntary settlement.
The High Court can quash criminal proceedings in exercise of its inherent powers under Section 482 of the Cr.P.C. even if the offences are non-compoundable, especially when the parties have amicably ....
The court has the inherent power to quash criminal proceedings based on compromise, considering the nature and gravity of the crime and the impact on the accused.
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