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VIRENDER SINGH
Santosh Kumar – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Virender Singh, J.
The present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’) has been filed by the petitioners, with a request to quash FIR No.87, dated 20.09.2020, registered under Sections 363 and 376 of Indian Penal Code (hereinafter referred to as the ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as the ‘POCSO Act’) with Police Station Reckong Peo, District Kinnaur H.P., alongwith the consequential proceedings thereto i.e. criminal case, titled as State versus Santosh Kumar, pending adjudication in the Court of learned Special Judge, Kinnaur at Rampur, District Shimla, H.P. (hereinafter referred to as the trial Court).
2. The quashing of FIR has been sought on the basis of compromise between the parties. Interestingly, the petition has jointly been filed by the petitioners, who is accused (petitioner No.1) as well as the child victim (petitioner No.2) in the said case. The person, who has put the criminal machinery into motion by lodging the FIR, in question, has been arrayed as respondent No.2 in this case.
3. The case set-up by the petitioners, in the petit
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences based on the settlement between the parties, to secure the ends of just....
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
A grave criminal offence or serious economic offence or for that matter offence that has potentiality to create a dent in financial health of institutions, is not to be quashed on ground that there i....
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure ends of justice.
The main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
Criminal Law - Seeking quash of FIR/ Proceedings - Power under Section 482 Cr.P.C. and further even otherwise, in view of statement of complainant, if criminal proceedings are allowed to continue sam....
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