PUSHPENDRA SINGH BHATI
Takhat Singh S/o Sh. Tej Singh – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following reliefs:
3. Learned counsel for the parties jointly submit that the matter is covered by the judgment rendered by this Court in Sohan Puri & Ors. Vs. State (S.B. Criminal Appeal No.894/2005, decided on 23.03.2022), which reads as under:
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State of Orissa v. Debendra Nath Padhi MANU/SC/1010/2004 : AIR 2005 SC 359
The State of Madhya Pradesh Vs. Kanha (2019) 3 SCC 605
State of Maharashtra v. Balram Bama Patil (1983) 2 SCC 28
State of M.P. v. Saleem (2005) 5 SCC 554
Jage Ram v. State of Haryana (2015) 11 SCC 366
The main legal point established is the court's wide amplitude of powers under Article 142 of the Constitution, allowing it to quash criminal proceedings beyond the statutory framework, considering t....
The main legal point established in the judgment is the balance between the applicability of Section 326 IPC and Section 307 IPC in cases involving doubts about the intention of causing death or atte....
(1) Compounding of offence – Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence.(2) Mere mention of....
The court can quash criminal proceedings and allow the compound of offences based on an amicable settlement, even for non-compoundable offences, in the interest of securing the ends of justice.
The court clarified the distinction between compounding offences and quashing proceedings in cases where a settlement has been reached, emphasizing the need for consideration of facts and justice ser....
The distinction between compounding offences and quashing proceedings is crucial; quashing may be warranted even for non-compoundable offences if a settlement exists.
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