ANOOP CHITKARA
Sahil Sharma @ Sahil – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
101 | 07.07.2019 | Maqboolpura, Amritsar | 341, 323, 506 and 34 IPC and Sections 25 and 27 of Arms Act |
1. The petitioner, arraigned as accused in the above captioned FIR, has come up before this Court under Section 482 Cr.P.C. for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person.
2. During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-2.
3. After that, the petitioner came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent.
4. On 14-11-2019, the aggrieved person Bikram Singh (R-2) appeared before the JMIC, Amritsar and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 21-11-2019, the parties consented to the quashing of FIR and consequent proceedings without any threat.
ANALYSIS & REASONING:
5. Despite the severe opposition of the State's counsel to this compromise, the following aspects would be relevant to conclude this petiti
Himachal Pradesh Cricket Association v State of Himachal Pradesh
Narinder Singh &Ors. vs. State of Punjab &Ors. (2014) 6 SCC 466
Parbatbhai Aahir v State of Gujarat
The main legal point established in the judgment is the exercise of inherent powers under Section 482 Cr.P.C. to quash the FIR and consequent proceedings based on a compromise, considering the nature....
The central legal point established in the judgment is that the High Court can quash the prosecution for non-compoundable offences based on a compromise, considering the nature of the offence, societ....
The main legal point established is that the inherent powers of the court under section 482 CrPC can be invoked to quash non-compoundable offences based on a settlement between the parties, consideri....
The main legal point established is that the High Court may quash the prosecution even in cases where the offences are non-compoundable, and the exercise of power must be for securing the ends of jus....
The main legal point established in the judgment is the Court's authority to quash FIR and consequent proceedings based on a compromise, considering the nature of the offences and the impact on publi....
The main legal point established is that the inherent power under section 482 CrPC can be invoked to quash non-compoundable offences based on a compromise, considering the nature of the offence, the ....
The court can invoke the inherent jurisdiction under section 482 CrPC to quash non-compoundable offences if the settlement is voluntary and in the interest of justice, considering the impact on publi....
The Court's decision highlights the exercise of inherent power under Section 482 CrPC to quash non-compoundable offences based on a voluntary settlement and the absence of impact on public peace and ....
The main legal point established in the judgment is the exercise of inherent power under Section 482 CrPC to quash the FIR and consequent proceedings, especially in cases where the offenses are non-c....
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