Back
ANOOP CHITKARA
Aman Lohan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anoop Chitkara J. -
FIR No. | Dated | Police Station | Sections |
493 | 02.11.2019 | Civil Line Kaithal, District Kaithal | 148, 149, 307, 323, 324, 341 IPC, 1860 and Section 25 of the Arms Act 1959 |
The petitioner(s), 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 the compromise with the victim(s).
2. During the pendency of the petition, the accused and the injured have compromised the matter, and its copy is annexed with this petition as Annexure P-2.
3. After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, the injured have been impleaded as respondent(s).
4. On 21-3-2022, the victim/ aggrieved person Deepak Kumar (R-3) and complainant aggrieved persons Amit Kumar (R-2) stated before the Special Judge Kaithal that they did not want to pursue the FIR against the accused. As per the concerned court's report dated 22 Mar 2022, the parties consented to the quashing of FIR and consequent proceedings without any threat.
ANALYSIS & REASONING:
5. The State's counsel has severely opposed this compromise and seeks dismissal of the petition be
Non-compoundable offences with societal impact should not be quashed based solely on compromise.
The court emphasized the non-compoundable nature of certain offences, the societal impact, and the importance of considering the seriousness of the offences before quashing proceedings.
The non-compoundable nature of certain offenses and the societal impact are key considerations in determining the validity of a compromise for quashing criminal proceedings.
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 has the inherent power to quash criminal proceedings based on a compromise between the parties, especially in cases where the offenc....
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 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.
The main legal point established in the judgment is the court's invocation of its inherent power under section 482 CrPC to quash the FIR and all subsequent proceedings based on the compromise, consid....
The main legal point established in the judgment is that the absence of coercion in a compromise, the societal impact of the offences, and the reformatory purpose of criminal jurisprudence can justif....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
