Back
MANOJ KUMAR GARG
Ashok Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner, who stand convicted in the trial for the FIR No. 0163/2012 registered at Police Station Falna, Distt. Pali, has 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. The police after investigation submitted chargesheet against the petitioner for offence under Sections 304(a) & 279 of IPC before the competent court. The learned Additional Chief Judicial Magistrate, Bali upon appreciation of oral and documentary evidence available on record, by its judgment dt. 28.09.2015, convicted and sentenced the petitioner for offence punishable under Sections 279 , 304-A IPC and Section 146 /196 of M.V. Act.
3. Aggrieved by his conviction and sentence, the petitioner preferred an appeal before the court of Additional Sessions Judge, Bali, which is still pending.
4. Learned counsel for the petitioner submits that the respondent No. 2-complainant and the petitioner had entered into a compromise in the spirit of Lok Adalat during the pendency of the appeal. An application was also moved by the petitioner before the appellate court seeking compound the offence
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....
The court affirmed that compromises post-conviction do not automatically quash convictions for non-compoundable offenses, but may be considered in appeals.
Non-acceptance of compromise would also lead to denial of complete justice which is very essence of our justice delivery system.
The power of the court to quash criminal proceedings based on a compromise depends on the nature and gravity of the offenses, the impact on society, and the possibility of conviction.
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 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....
The High Court can quash criminal proceedings based on a compromise between parties, emphasizing the need to secure justice and prevent abuse of process, even for non-compoundable offences.
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....
Compromise in non-compoundable matrimonial offences can be accepted to prevent injustice if the parties resolve their disputes, considering the nature of the offences.
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
