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CHANDER BHUSAN BAROWALIA
Sahil S/o Sh. Anil Kumar – Appellant
Versus
State of Himachal Pradesh Through Secretary (Home) – Respondent
ORDER :
The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.24 of 2021, dated 9.9.2021, under Sections 376 (2) 376 (n), 376 (3) and 506 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 67 of the Information and Technology Act, registered at Women Police Station Bilaspur, District Bilaspur, H.P. alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.
2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on 9.9.2021, respondent No.2 made a written complaint to Police Station Bilaspur, that she is a student of 11th Class and the petitioner is a hair dresser. Around six months ago, when her parents were not at home, the petitioner visited there and forcibly committed sexual intercourse with her, thereafter the petitioner repeatedly pressurized her for sex and on her refusal, he threatened her to do away with her and on her refusal, he threatened her to do away with the lives of her parents. On the basis of
Offence of Rape – Compounding of offence - Interest of justice will be met, in case, the proceedings are quashed, as the parties have already compromised the matter.
Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dis....
It is well settled that powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.
The main legal principle established in the judgment is that the inherent powers of the High Court under Section 482 can be used to quash criminal proceedings when the parties have settled the disput....
Point of Law : High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of th....
Point of Law : Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situation....
Section 482 preserves inherent powers of High Court to prevent an abuse of the process of any court or to secure ends of justice. The provision does not confer new powers. It only recognizes and pres....
Point of Law : 16.10 . High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour.
Quash of Criminal proceedings – Compromise between parties - High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or....
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