ANOOP CHITKARA
Amarjit Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
104 | 4.10.2018 | Sadar Sangrur | 341/352/427/186/353/148/149/201 IPC |
1. 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.
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 as Annexure P-2.
3. After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, the victim has been impleaded as respondent(s).
4. On 03-3-2022, the victim/ complainant Winnerjit Singh, the respondent no. 2 stated before the Addl. CJM Sangrur that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 11-3-2022, 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 r
State of Madhya Pradesh Vs Laxmi Narayan (2019) 5 SCC 688
Narinder Singh &Ors. vs. State of Punjab &Ors. (2014) 6 SCC 466, ¦ 29
ParbatbhaiAahir v State of Gujarat
Shakuntala Sawhney v Kaushalya Sawhney
Himachal Pradesh Cricket Association v State of Himachal Pradesh
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 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 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 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 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 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 court can invoke the inherent jurisdiction under section 482 CrPC to quash non-compoundable offences if the settlement is voluntary and in the interest of justice, considering the impact on publi....
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....
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