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ANOOP CHITKARA
Bittu Gujjar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
144 | 17.07.2017 | Kotwali Patiala | 307, 452, 324, 148, 149 IPC |
The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on a 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, the aggrieved person has been impleaded as respondent No.2.
4. On 9-11-2020, the aggrieved person Deepak Sharma (R-2) appeared before the Ld. CJM Patiala, and submits that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 11-05-2021, the parties consented to the quashing of FIR and consequent proceedings without any threat or coercion.
ANALYSIS & REASONING:
5. The State's counsel has severely opposed this compromise and seeks dismissal of the petition because of the heinous nature of the offence.
6. In the pres
The main legal point established in the judgment is the distinction between heinous and serious offences and those of a predominantly civil character in determining whether to accept a compromise and....
The main legal point established in the judgment is the principles for quashing criminal proceedings based on compromise, considering the nature of the offences, societal impact, and the possibility ....
The main legal point established in the judgment is the need to exercise the power under Section 482 of the Code sparingly and with caution, especially for heinous and serious offences, and to consid....
The main legal point established in the judgment is that heinous and serious offences, especially those involving societal impact, cannot be quashed based on compromise. The court emphasized the need....
The main legal point established in the judgment is the importance of considering the nature of the offence, societal impact, and the possibility of conviction while exercising the power under Sectio....
The main legal point established in the judgment is the Court's inherent jurisdiction under section 482 CrPC to quash criminal proceedings based on a genuine compromise, absence of coercion or threat....
The main legal point established in the judgment is that the court can exercise its inherent power under section 482 CrPC to quash criminal proceedings for non-compoundable offences, considering the ....
The High Court can quash FIRs for non-compoundable offences if a genuine compromise exists and public interest is not adversely affected.
The court emphasized the reformatory purpose of criminal jurisprudence and the need to secure the ends of justice in exercising the inherent power for quashing the proceedings based on a compromise.
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