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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Ranjeet Singh – Respondent
| Table of Content |
|---|
| 1. appeal challenges acquittal in rape abetment case. (Para 1 , 2 , 3 , 4) |
| 2. abatement against main accused; victim compromises freely. (Para 5 , 6 , 7 , 8 , 9) |
| 3. conviction remote; no purpose continuing appeal. (Para 10 , 11 , 12) |
| 4. quash non-heinous proceedings on compromise under s.482 crpc. (Para 13 , 14 , 15 , 16 , 17) |
| 5. fir and proceedings quashed on settlement. (Para 18 , 19) |
JUDGMENT :
Sandeep Sharma, J.
Instant criminal appeal, lays challenge to the judgment of acquittal dated 10.7.2017, passed by the learned Additional Sessions Judge (II) Mandi, District Mandi, Himachal Pradesh (Sarkaghat Court), H.P., in session trial No. 33/2014 under Sections 376 (2) N, 342 and 109 of IPC, whereby respondent accused came to be acquitted of the charges framed against him under Section 342 and 109 of .
2. In nutshell case of the prosecution is that on 18.3.2014, victim-prosecutrix along with her mother Kamli Devi submitted one application to the SHO PS Sarkaghat, alleging therein that on 7.3.2014, her brother in law and his wife Kaushalya Devi came to her house. She alleged that her brother in law took her to room and her husband locked the door from outside and thereafter, b
High Court quashed abetment proceedings on victim-husband compromise after main rapist accused died, as conviction remote, parties harmonious, invoking Section 482 CrPC sparingly for non-compoundable....
The court emphasized the need to evaluate the nature and gravity of the offences, the impact on society, and the possibility of conviction when exercising the inherent power under Section 482 of the ....
The main legal point established in the judgment is that the court has inherent power to quash criminal proceedings, even in non-compoundable cases, based on genuine compromises, considering the natu....
High Court may quash non-compoundable FIRs for rash/negligent driving causing death on genuine compromise by victim family, as offences not heinous, conviction remote, securing ends of justice and pr....
High Court quashed non-compoundable FIR for rash driving causing death under Section 482 CrPC on voluntary compromise by complainant/legal heirs, as offences not heinous, conviction remote, serving e....
Dealing With a Plea That Dispute Has Been Settled - In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard....
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
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