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ANOOP CHITKARA
Makhan Ram – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. -
FIR No.
Dated
Police Station
Sections
69
01.10.2019
Sehna
452, 324, 148, 149, 427 IPC
1. 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 the compromise with the aggrieved persons.
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 petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved persons as respondents.
4. On 01.12.2022, the aggrieved persons Sewak Ram @ Gursewak Ram (R-2) and Amar Ram (R-3) appeared before the JMIC, Barnala and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 04.01.2023, 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
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....
The main legal point established is that the inherent powers of the court under section 482 CrPC can be invoked to quash non-compoundable offences based on a settlement between the parties, consideri....
The main legal point established in the judgment is that the inherent powers of the High Court under section 482 CrPC can be invoked to quash the prosecution even in cases where the offences are non-....
The main legal point established in the judgment is the exercise of inherent power under section 482 CrPC to quash the FIR and all subsequent proceedings based on a voluntary settlement between the a....
The exercise of inherent powers under section 482 CrPC is justified to secure the ends of justice, especially in cases where continuance of the prosecution would be an abuse of the process of law.
The main legal point established in the judgment is the Court's authority to quash FIR and consequent proceedings based on a compromise, considering the nature of the offences and the impact on publi....
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