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MANOJ KUMAR GARG
Heera Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The petitioners, who stand convicted in the trial for the FIR No.39/2011 registered at Police Station Rawatsar, have come up before this Court under Section 482 Cr.P.C. for quashing the judgment of conviction, sentence, charges, and the FIR, based on the compromise with the victim.
2. Learned counsel for the petitioners submits that the respondent No.2-complainant and the petitioners had entered into a compromise in the spirit of Lok Adalat during the course of trial but the learned Additional Chief Judicial Magistrate, Nohar, Distt. Hanumangarh, while acquitting the petitioners of offences under Sections 341, 323/34 of IPC on the basis of compromise, convicted and sentenced them for offence under Section 326/34 IPC vide judgment and order dt. 09.04.2021. The petitioners preferred an appeal before the court of learned Additional Sessions Judge No.2, Nohar, Hanumangarh. An application was also moved by the petitioners before the appellate court seeking compound the offence under Section 326/34 of IPC but the same was dismissed vide order dt. 08.02.2023.
3. Learned counsel for the respondent No.2 has submitted that the respondent No.2/complainant has no objection if the convict
The court affirmed that compromises post-conviction do not automatically quash convictions for non-compoundable offenses, but may be considered in appeals.
A compromise between convict and complainant does not automatically quash a conviction under non-compoundable offences; judicial discretion is exercised only in rare cases to prevent abuse of justice....
Non-acceptance of compromise would also lead to denial of complete justice which is very essence of our justice delivery system.
The power to quash criminal proceedings under Section 482 of Cr.P.C. can be exercised to prevent abuse of the process of law and in cases where the continuation of the criminal case would be an exerc....
The power to quash a criminal proceeding based on a compromise depends on the nature and gravity of the crime, and the impact on society. Serious offences cannot be fittingly quashed, but offences wi....
The main legal point established is that the High Court can quash criminal proceedings based on a compromise, even for non-compoundable offences, if it serves the ends of justice and does not impact ....
The main legal point established in the judgment is the need for caution and sparing use of the High Court's power to quash criminal proceedings under Section 482 Cr.PC, especially in cases with a pr....
The court emphasized that the power to quash under Section 482 of Cr.P.C. can be invoked even for non-compoundable offences, considering the nature and gravity of the offence, societal impact, and pu....
The High Court has inherent jurisdiction to quash criminal proceedings based on a genuine compromise between the parties, in order to secure the ends of justice and prevent abuse of the process of an....
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