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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Vipin – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. counsel for the petitioners (Para 2) |
| 2. counsel for the respondent-state (Para 3) |
| 3. considerable thought to the submissions (Para 4) |
| 4. offence punishable under section 506 (Para 5 , 6 , 7 , 8) |
| 5. inherent power should not be exercised (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 6. present petition fails (Para 15 , 16) |
JUDGMENT :
The petitioners have filed the present petition for quashing of FIR No. 168 of 2020, dated 20.10.2020, registered at Police Station Paonta Sahib, District Sirmour, H.P., for the commission of offences punishable under Sections 341, 323 and 506 of the Indian Penal Code ( IPC ) based on the compromise effected between the parties. When the matter was listed, it was noticed that the offences punishable under Sections 341 , 323 and 506 of IPC are compoundable under Section 320 of Cr.P.C. corresponding to Section 359 of Bhartiya Nagrik Suraksha Sanhita (BNSS); hence, the parties were heard on the question of maintainability.
3. Mr Jitender Sharma, learned Additional Advocate General for the respondent-State submitted that as per Section 320 of Cr.P.C., an offence punishable under Section 506 of IPC is compoundable and Section 320 of Cr.P.C. does not refer to
The court ruled that offences under Sections 341, 323, and 506 of IPC are compoundable under Section 320 of Cr.P.C., and inherent powers should not be exercised when alternative remedies are availabl....
Compounding of offences – Extraordinary power vested in High Court under Section 482 of Cr.P.C. cannot be exercised when alternative remedy is available.
Heinous and serious offences cannot be quashed based on a compromise between the parties, as per the principle laid down by the Hon'ble Supreme Court.
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
The power to quash criminal proceedings under Section 482 of Cr.P.C. can be exercised to prevent abuse of the process of law and in cases where the continuation of the criminal case would be an exerc....
Inherent powers under section 482 of Code can be used to prevent abuse of process of law and to secure ends of justice.#12;
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