RAJESH BHARDWAJ
Amandeep Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral). - Instant petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.90 dated 18.8.2019, registered under Sections 498-A, 406 IPC, at Police Station Dhariwal, District Batala on the basis of compromise dated 4.12.2019 (Annexure P-2).
2. FIR in question was got registered by complainant-respondent No.2 and the investigation commenced thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Compromise Deed, annexed as Annexure P-2. On the basis of the compromise, the petitioner is praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.
3. This Court vide orders dated 18.2.2020/26.4.2022 directed the parties to appear before the Illaqa/Duty Magistrate for recording their statements, as contended before the Court, and the Illaqa/Duty Magistrate was also directed to send its report.
4. In pursuance to the same, learned Chief Judicial Magistrate, Gurd
B.S.Joshi and others vs State of Haryana and another (2003) 4 SCC 675
Gian Singh vs State of Punjab and another (2012) 10 SCC 303
Narinder Singh and others Versus State of Punjab and another
The main legal point established in the judgment is that the nature and gravity of the crime, as well as the impact on society, must be considered before quashing criminal proceedings based on a comp....
The central legal point established in the judgment is that the power to quash a criminal proceeding based on a compromise must be exercised to secure the ends of justice and prevent abuse of the pro....
Quashing of FIR based on a compromise between the parties is justified when it would secure the ends of justice and prevent abuse of the process of the Court.
The power of the Court to quash criminal proceedings based on a compromise between the parties, as provided in Section 482 Cr.P.C. and Section 320 Cr.P.C., should be exercised to secure the ends of j....
The main legal principle established is that when parties have voluntarily settled their dispute, the court may quash criminal proceedings under Section 482 Cr.P.C. to secure the ends of justice.
The court's decision was primarily based on the nature of the offenses, the voluntary compromise between the parties, and the precedents set by the Hon'ble Supreme Court and the High Court in similar....
The main legal point established in the judgment is that when parties have amicably settled their dispute, the continuation of criminal proceedings may be an abuse of process of the Court, and quashi....
The central legal point established in the judgment is that when parties have entered into a compromise in certain types of cases, continuation of the proceedings would be an abuse of process of the ....
The main legal point established in the judgment is that the power of the High Court to quash criminal proceedings under Section 482 Cr.P.C. should be exercised in accordance with the principles of s....
The main legal point established is that when parties have entered into a compromise, the court may quash criminal proceedings if continuation would be an abuse of process of the court and securing t....
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