SANDEEP SHARMA
Mirnalini – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Sandeep Sharma, Judge
By way of above captioned petition(s) filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner(s) for quashing of FIR’s No.242 of 2020 and 241 of 2020, dated 29.10.2020, under Sections 323, 504, 506, 509 and 147of IPC, registered at police Station Sadar, District Shimla, H.P., as well as consequent proceedings i.e. Police Challan No.76 of 2021, titled as State of H.P. versus Nitin & Others, pending in the Court of learned Chief Judicial Magistrate, Shimla and case No.93 of 2021, titled as State of H.P. versus Lokesh Verma, pending in the Court of learned Judicial Magistrate 1st Class, Court No.8, Shimla H.P, on the basis of the compromise arrived inter se parties (Annexure P-2), whereby both the parties have resolved to settle their dispute amicably interse them.
2. Though, respondent-State in terms of the directions issued by this Court has filed reply, but same is silent about the amicable settlement arrived interse parties. Respondent –complainant namely, Sh. Lokesh Verma and Ms. Mrinalini, in both the FIRs, have come present and are being represented by Ms. Madhurika Sekhon and Mr. Jitender Thakur,
Central Bureau of Investigation v. Maninder Singh (2016)1 SCC 389
Dimpey Gujral and Ors. vs. Union Territory through Administrator, UT
Gian Singh v. State of Punjab and anr. (2012) 10 SCC 303
Narinder Singh and others versus State of Punjab and another (2014)6 SCC 466
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure ends of justice.
The sparing and cautious exercise of inherent power under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the impact on society, and the possibility....
The main legal point established in the judgment is that the court has inherent power to quash criminal proceedings, even in non-compoundable cases, based on genuine compromises, considering the natu....
While exercising power under Section 482 Cr.P.C can also be swayed by the fact that settlement between the parties is going to result in harmony between them which may improve their future relationsh....
Point of Law : Accident case – Compromise between parties – Offence not involving moral turpitude or any grave/heinous crime – Proceedings can be quashed.
High Court may quash non-compoundable FIRs for rash/negligent driving causing death on genuine compromise by victim family, as offences not heinous, conviction remote, securing ends of justice and pr....
High Court quashed non-compoundable FIR for rash driving causing death under Section 482 CrPC on voluntary compromise by complainant/legal heirs, as offences not heinous, conviction remote, serving e....
The main legal point established in the judgment is the distinction between the power to quash criminal proceedings under Section 482 of the Code of Criminal Procedure and the power to compound offen....
The court emphasized the need to evaluate the nature and gravity of the offences, the impact on society, and the possibility of conviction when exercising the inherent power under Section 482 of the ....
Dealing With a Plea That Dispute Has Been Settled - In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.