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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mitter Dev – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. quashing fir petition based on parties' compromise. (Para 1 , 2) |
| 2. conflicting arguments on quashing s307 fir. (Para 3 , 4 , 5) |
| 3. guidelines for quashing non-compoundable offences under s482 crpc. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. grievous injuries prima facie establish s307 offence. (Para 13 , 14) |
| 5. petition dismissed; observations limited to proceedings. (Para 15 , 16) |
JUDGMENT :
Rakesh Kainthla, J.
The present petition has been filed for quashing of FIR No. 42 of 2022 dated 28.01.2022, registered for the commission of offences punishable under Sections 307, 341, 451, 325, 323, 506 and 504 read with Section 34 of the Indian Penal Code (IPC) at Police Station Balh, District Mandi, H.P. based on the compromise effected between the parties.
2. It has been asserted that the petitioner and respondents No. 2 to 4 have amicably settled the matter amongst themselves with the help of respectable persons of the locality. Respondents No.2 to 4 do not want to pursue their case because of the compromise between the parties.
3. I have heard Mr G.R. Palsra, learned counsel for the petitioners and Mr Ajit Sharma, learned Deputy Advocate General, for respondent No.1/State.
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 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.
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 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 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 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 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 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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