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SANJAY DHAR
Nitin Sharma – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
1. In CRM(M) No.616//2021, the petitioners have challenged FIR No.130/2021 for offences under Section 354, 452, 506 and 392 IPC registered with Police Station, Katra. The impugned FIR has been lodged against the petitioners on the complaint of respondent No.2 herein, who happens to be petitioner No.2 in CRM(M) No.341/2022. In CRM(M) No.341/2022, the petitioners have challenged FIR No.119/2021 for offences under Section 458, 323, 34 IPC registered with the same Police Station i.e Police Station Katra which has been lodged by petitioner No.2 in CRM(M) No. 616/2021.
2. Briefly stated, the allegations in FIR No.119/2021 are that on 01.07.2021, the accused persons trespassed into the hotel of complainant and started beating the complainant with fists, blows and kicks due to which the complainant got injured. On hue and cry, some persons reached on spot and rescued the complainant from the clutches of the accused persons.
3. The allegations leveled by the complainant in FIR No.130/2021 are that on the same day i.e on 01.07.2021, the accused persons criminally trespassed into the house of the complainant with lathis and sharp edged weapons with an intention to kill the complainant a
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....
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.
(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 can quash non-compoundable offences in private disputes if a compromise is reached, ensuring justice and preventing abuse of process.
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....
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....
The High Court can quash criminal proceedings under Section 482 of the Criminal Procedure Code even for non-compoundable offences if the parties have reached a settlement, provided that continuing th....
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