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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajinder Singh – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. petition for quashing fir based on compromise. (Para 1 , 2) |
| 2. arguments from petitioners and state regarding fir. (Para 3 , 4) |
| 3. court assessment of fir allegations and seriousness. (Para 5 , 6 , 7) |
| 4. principles governing quashing of non-compoundable offences. (Para 8 , 9 , 10 , 11 , 12) |
| 5. final dismissal of petition. (Para 13 , 14) |
The petitioners have filed the present petition for quashing of FIR No. 16 of 2022, dated 13.1.2022, registered at Police Station Nurpur, District Kangra, H.P., for the commission of offences punishable under Sections 341, 323, 504, 506, 147, 148, 149, 325 and 307 of the Indian Penal Code (IPC) and consequential proceedings arising out of the said FIR based on the compromise effected between the parties.
2. It has been asserted that the petitioners and respondents No. 2 to 4 want to maintain cordial relations. They have settled the matter by entering into a compromise. Respondents No. 2 to 4 have no grudge against the petitioners, and they do not want to proceed further with the FIR after the compromise. Hence, the petition.
3. Mr Goldy Kumar, learned counsel for the petitioners, submitted that the parties h
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 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.
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 that the court can exercise its inherent power under section 482 CrPC to quash criminal proceedings for non-compoundable offences, considering the ....
The main legal point established in the judgment is that the court has the inherent power to quash criminal proceedings based on a compromise between the parties, even if the offences are non-compoun....
The main legal principle established in the judgment is that the inherent power under Section 482 of the Code of Criminal Procedure can be invoked to quash criminal proceedings based on an amicable s....
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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