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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Prince Mohan – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. counsel's submission on quashing (Para 3) |
| 2. state's opposition to quashing (Para 4) |
| 3. consideration of submissions (Para 5) |
| 4. distinction between quashing and compounding (Para 6) |
| 5. nature of serious offences (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 6. petition dismissed (Para 14 , 15) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for quashing of FIR No. 88 of 2023, dated 18.09.2023, registered for the commission of offences punishable under Sections 341 , 323 , 325 and 307 of the Indian Penal Code (hereinafter referred to as IPC) based on the compromise effected between the petitioner (the accused) and respondent No.2 (the victim). (the parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience).
2. I have heard Mr. Rajiv Sirkeck, learned counsel for the petitioner and Ms. Niyati Thakur, learned Deputy Advocate General for respondents/State.
3. Mr. Rajiv Sirkeck, learned counsel for the petitioner stated that there is no bar in quashing the FIR registered for the commission of an offence punishable under Section 307 of IPC based on the compromise. He relied upon the judgment
The court ruled that serious offences under IPC, such as Section 307, cannot be quashed based on compromise, emphasizing the distinction between quashing and compounding offences.
FIR under Section 307 IPC not quashable on compromise if charge-sheet evidences grievous life-endangering injuries from deadly weapons, establishing prima facie heinous offence against society.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The main legal point established in the judgment is the principles for quashing criminal proceedings based on compromise, considering the nature of the offences, societal impact, and the possibility ....
The main legal point established in the judgment is the need to exercise the power under Section 482 of the Code sparingly and with caution, especially for heinous and serious offences, and to consid....
The High Court can quash FIRs for non-compoundable offences if a genuine compromise exists and public interest is not adversely affected.
The main legal point established in the judgment is the Court's inherent jurisdiction under section 482 CrPC to quash criminal proceedings based on a genuine compromise, absence of coercion or threat....
The Court's decision was based on the principle that the inherent power of the High Court under Section 482 CrPC can be exercised to prevent abuse of the process of any court or to secure the ends of....
The court emphasized the reformatory purpose of criminal jurisprudence and the need to secure the ends of justice in exercising the inherent power for quashing the proceedings based on a compromise.
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