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RANJAN SHARMA
Aryan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Petitioner, namely Aryan, has come up in the instant petition under Section 482 of the Code of Criminal Procedure [hereinafter referred to as ‘Cr.P.C.’] seeking quashing of FIR No.85 of 2023, dated 10.11.2023 for the commission of offences punishable under Sections 376 of the Indian Penal Code [hereinafter referred to as ‘IPC’] and Section 4 of the Protection of Children from Sexual Offences [hereinafter referred to as ‘POCSO’] Act, registered at Police Station Kotkhai, District Shimla [H.P.] as well as consequent proceedings pending before the learned Court below.
2. Quashing of FIR and criminal-judicial proceedings arising therefrom, has been prayed for, on the ground, that due to the intervention of the family members of petitioner as well as the respondent No.2-Victim [‘X’], the matter has been amicably settled. It is averred that the petitioner has been falsely roped in, at the instance of others who were inimical against the petitioner and the respondent No.2-Victim [‘X’], who have solemnized their marriage even prior to the registration of FIR dated 10.11.2023. It is further averred that the petitioner and the respondent No.2-Victim [‘X’] have no gr
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....
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.
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....
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....
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....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases involving voluntary compromise and non-compoundable offe....
The main legal point established in the judgment is the court's authority to quash criminal proceedings and FIR under Section 482 of the Code of Criminal Procedure, especially when the parties have a....
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