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AVNEESH JHINGAN
Lakhwinder Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
AVNEESH JHINGAN, J.
1. These petitions under Section 482 of Code of Criminal Procedure are filed seeking quashing of FIR No. 75 dated 17.10.2018, under Sections 148, 323, 326 IPC read with Section 149 IPC and DDR No.26 dated 8.10.2018 under Sections 148, 323, 379-B, 452 and 506 IPC read with Section 149 IPC, registered at Police Station Qilla Lal Singh, Police District Batala and all subsequent proceedings arising therefrom on the basis of compromise.
2. The FIR of an incident that occurred on 4.10.2018 was registered at the instance of Lovejot Kumar. Both the parties inflicted injuries to each other.
3. The parties with the intervention of respectables have compromised the matter.
4. On 8.3.2021 and 1.4.2021, the parties were directed to appear before the Illaqa Magistrate/trial court for getting their statements recorded with regard to compromise.
5. The report dated 17.4.2021 is received stating that the compromise is genuine, voluntary, without any coercion or undue influence. Further that none of the accused in 1these petitions has been declared as proclaimed offender.
6. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 10
The court's power under Section 482 of the Code of Criminal Procedure to quash proceedings based on compromise, considering the likelihood of conviction and the ends of justice.
The wide powers of the High Court to quash proceedings under Section 482 of the Cr.P.C. and the principles governing the exercise of such powers, including the evaluation of whether the ends of justi....
The wide ambit of the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice, and the limitations on quashing serious offences even if the v....
The voluntary nature of the compromise and the court's power to prevent abuse of the process of law by quashing proceedings based on genuine compromises.
The court can exercise its power under Section 482 to quash criminal proceedings if the compromise between the parties is genuine and voluntary, and the pendency of the litigation would be an abuse o....
The main legal point established in the judgment is the importance of compromise in modern society and the need to exercise the power under Section 482 to prevent abuse of the process of court and se....
The court can exercise its inherent power under Section 482 of the Cr.P.C. to quash proceedings based on a genuine compromise between private parties to prevent abuse of process of law and secure the....
The court can quash criminal proceedings based on a genuine and voluntary compromise between the parties to prevent abuse of process of law and secure the ends of justice.
The court can exercise its inherent power under Section 482 of the Cr.P.C. to prevent abuse of process of law and secure the ends of justice, especially in cases where a genuine compromise between th....
The court emphasized the significance of compromise in modern society and the wide power of the court to quash proceedings under Section 482 of the Cr.P.C. to prevent abuse of law and secure the ends....
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