Back
ANOOP CHITKARA
Harpal Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
99 | 24.09.2018 | Kalanaur, District Gurdaspur | 353, 332, 186, 34 IPC |
The petitioner(s), arraigned as accused in the above captioned FIR, has 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 victim(s) have compromised the matter, and its copy is annexed with this petition.
3. After that, the petitioner(s) came up before this Court to quash the FIR, and in the quashing petition, the victim(s) have been impleaded as respondent(s).
4. On 3-12-2019, the victim/ complainant Gurwinderjit Singh, (respondent no. 2) stated before the JMIC Gurdaspur that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 12-12-2019, 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 petition: -
a) The accused and the private respondent(s
The main legal point established in the judgment is the court's authority to invoke inherent powers under section 482 CrPC to quash non-compoundable offences based on a voluntary settlement between t....
The court can invoke its inherent jurisdiction under section 482 CrPC to quash non-compoundable offences based on judicial precedents and the ends of justice.
The main legal point established in the judgment is that the exercise of inherent power under Section 482 CrPC is justified to quash the FIR and consequent proceedings when the compromise is voluntar....
The main legal point established is that the inherent power under Section 482 Cr.P.C can be used to quash proceedings based on a compromise, even for non-compoundable offences, if it serves the ends ....
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 in the judgment is that the exercise of inherent power under Section 482 CrPC can be justified to prevent abuse of the process of law and secure the ends of justice, ....
The inherent power under Section 482 CrPC can be exercised to quash a criminal proceeding based on a settlement between the offender and the victim, even if the offence is non-compoundable, to preven....
The main legal principle established in the judgment is that the inherent power under Section 482 CrPC can be invoked to quash criminal proceedings based on a settlement between the parties, even if ....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases involving voluntary compromise and non-compoundable offe....
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
