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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL, J
Syed Mazloom Hussain – Appellant
Versus
Government of J&K – Respondent
| Table of Content |
|---|
| 1. petitioners sought to quash (Para 1 , 2 , 3 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. court emphasizes serious nature (Para 4 , 5 , 6 , 7 , 8 , 9) |
JUDGMENT :
1. Petitioners pray to quash FIR no.0070/2021 dated 19th July 2021 registered under Section 366 , 109 IPC in police station Uri, Baramulla, on the grounds mentioned in the instant petition.
2. It is claimed by petitioners that petitioners 1&2 are brothers of petitioner no.3. Petitioner no.3 is alleged to have married respondent no.5, who is major and that earlier, petitioner no.3 and respondent no.2 had approached this Court with WP(C) no.1411/2021, which was disposed of vide Order dated 28th July 2021. According to petitioners, respondent no.5 is major and has contracted marriage out of her own free will and consent and to this extent they have placed on record a copy of Nikah Nama, Marriage Agreement, order dated 28th July 2021 passed in WP(C) no.1411/2021.
3. Reply has been filed by respondent no.2, in which it is stated that on 19th July 2021, police station Uri upon receipt of a written complaint lodged an FIR no.70/2021, impugned herein, and set into motion investigation. During course of investigation, statement o
The court held that serious offences like rape cannot be quashed based on compromise, emphasizing the societal impact and the need for justice.
The power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The ends of justice and prevention of abuse o....
Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
The High Court may quash criminal proceedings under Section 482 where parties have settled their dispute amicably, especially in cases with remote chances of conviction.
The High Court can quash criminal proceedings if a compromise is reached, provided the nature of the crime allows for such action and the possibility of conviction is deemed remote.
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 High Court cannot quash FIRs related to heinous offences like rape of minors based solely on amicable settlements unless extraordinary circumstances justify such action.
The main legal point established is that the inherent powers of the High Court under S. 482 CrPC can be invoked to quash proceedings based on a voluntary compromise, considering the reformatory natur....
The High Court can quash non-compoundable offences in private disputes if a compromise is reached, ensuring justice and preventing abuse of process.
The main legal point established in the judgment is the validity of quashing criminal proceedings based on a genuine and valid compromise, considering the nature of the offences and the impact on pub....
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