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VINOD S. BHARDWAJ
Kamlesh Kumar Heda – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Vinod S. Bhardwaj, J. - The petitioner has approached this Court seeking quashing of FIR No.65 dated 22.03.2019 registered under Sections 406/120-B IPC at Police Station City Tarn Taran, District Tarn Taran (Annexure P-2) and all subsequent proceedings arising therefrom on the strength of compromise/Affidavit dated 07.10.2019 (Annexure P-3) entered between the parties.
2. Learned counsel for the petitioner submits that the dispute in question pertained to an allegation of alleged unauthorized removal of the equipments-plant & machinery from the industrial unit that had been taken over by the Bank under the SURFAESI ACT, 2002 Act resulting in registration of the FIR No.65 dated 22.03.2019 registered under Sections 406/120-B IPC at Police Station City Tarn Taran, District Tarn Taran (Annexure P-2) and that with the intervention of the respectables from both the sides, the matter has been settled and amicably resolved. It is further submitted that the compromise amongst the parties was effected on account of free will and without any pressure and coercion.
3. Vide orders dated 07.11.2019 and 09.12.2019 respectively, the parties were directed to appear before the Illaqa Magistrat
The court has inherent powers under Section 482 Cr.P.C. to quash criminal proceedings to prevent abuse of the process of any court or to secure the ends of justice. The court may quash criminal proce....
The inherent power under Section 482 Cr.P.C. can be exercised to quash proceedings even for non-compoundable offences if the continuance of the prosecution would be an abuse of the process of law, em....
The exercise of inherent power for quashing the FIR and all consequential proceedings is justified to secure the ends of justice, especially when the compromise is voluntary and not secured through c....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases where there is no chance of recording a conviction again....
The main legal point established in the judgment is the voluntary nature of the settlement, the reformatory nature of criminal jurisprudence, and the exercise of inherent power for quashing the FIR a....
The main legal point established in the judgment is the court's authority to quash criminal proceedings based on a compromise, ensuring it aligns with the purpose of criminal jurisprudence and does n....
The voluntary nature of the compromise, absence of coercion, and the reformatory purpose of criminal jurisprudence justified the quashing of the FIR and consequent proceedings.
The main legal point established in the judgment is the evaluation of whether a criminal proceeding should be quashed based on a compromise, considering the nature of the alleged offences, the impact....
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