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SANJAY DHAR
Neelam Kumari – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. In the instant petition, petitioners have challenged FIR No. 120/2017 for offences under Section 341, 323, 147 RPC registered with Police Station, Bari Brahmana. The impugned FIR has been lodged against the petitioners on the complaint of respondent No. 2 herein, who happens to be the real sister of petitioner Nos. 1 to 3.
2. Briefly stated, the allegations in the impugned FIR are that on 09.06.2017 at about 19:00 hrs, the complainant (respondent No. 2 herein) along with her husband went to India Gas Agency, Bari Brahmana and when they reach in front of Indian Gas Agency, the accused with common intention came and started beating them with fists and blows, as a result of which complainant and her husband got injured.
3. During the pendency of this petition, the parties have entered into a compromise and have placed on record original compromise deed. As per this compromise deed, which has been executed on 27.09.2021, the parties have settled their disputes amicably as they want to live peacefully without involving themselves in further litigation. It is further stated in the compromise deed that the executants do not want to pursue the impugned FIR. The co
The High Court has the jurisdiction to quash criminal proceedings in cases with predominantly civil flavor and where the wrong is private or personal in nature and the parties have resolved their ent....
Supreme Court has clearly observed that it would amount to extreme injustice if despite settlement having been arrived at by the parties, criminal proceedings are allowed to continue.
The main legal point established in the judgment is that in cases with predominantly civil flavor and private wrongs, the High Court has the jurisdiction to quash criminal proceedings if the possibil....
The High Court can quash non-compoundable offences in private disputes if a compromise is reached, ensuring justice and preventing abuse of process.
(1) High Court will be within its jurisdiction to quash criminal proceedings if it is known that because of compromise arrived at between parties, there is remote possibility of securing conviction o....
The High Court has the inherent power to quash criminal proceedings even for non-compoundable offences when the parties have reached a settlement, provided that the nature of the dispute is predomina....
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