Back
SATYEN VAIDYA
Takdir – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
Heard.
2. By way of instant petition, a prayer has been made to quash FIR No. 43/2022, dated 19. 02.2022, registered at Police Station Paonta Sahib, District Sirmour, H.P., under Sections 363, 366, 376, 506 and 34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and also the criminal proceedings in Sessions Trial No. 19/2022, titled as State of H.P. Vs. Takdir and Anr., pending before learned Additional Sessions Judge, SFTC (POCSO and Rape) Nahan, District Sirmour, H.P.
3. In Parbatbhai Aahir @ Parbatbhai Bhimsinghbhai Karmur and Others Vs. State of Gujarat and Another, (2017) 9 SCC 641, Narinder Singh and Others Vs. State of Punjab and Another, (2014) 6 SCC 466, State of Madhya Pradesh Vs. Laxmi Narayan and Others, (2019) 5 SCC 688 and lastly, in Ram Gopal Vs. State of M.P., (2021) SCC Online SC 834, the Supreme Court has elaborately expounded the scope of powers of this Court under Section 482 of the Code of Criminal Procedure, for the purposes of quashing of criminal proceedings on the basis of compromise between the parties in cases where the offence(s) involved are non-compounda
Court cannot be a silent spectator to or turn its back on distressed family.
Court cannot be a silent spectator to or turn its back on distressed family.
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....
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
Point of Law : Rape - Amicable settlement - Quash of FIR - Inherit powers of High Court - Power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravit....
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....
The court affirmed that inherent powers under Section 482 of Cr.P.C. can be invoked to quash FIRs for non-compoundable offences when the parties have settled their disputes, particularly in cases inv....
The High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable 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
