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VIVEK PURI
Gurdeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vivek Puri, J. - The petitioner has approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure (for short 'Code') invoking its inherent jurisdiction for quashing of FIR No. 16, dated 28.01.2020, under Section 376 (2) (n) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012, registered at Police Station City-1, Sangrur, District Sangrur and all the consequential proceedings arising therefrom, on the basis of compromise entered between the parties dated 01.02.2020 (Annexure P-2).
2. Briefly, the FIR has been registered on the allegation that the petitioner and the respondent no.2 became acquainted with each other as they had been coming to Sangrur everyday. On 05.06.2019, the petitioner took the respondent no.2 to the house of the relative where no one was present and he made physical relations against her consent. The respondent no.2 became pregnant and gave birth to a male child.
3. In terms of order dated 01.03.2021, the parties were directed to appear before the learned Illaqa Magistrate for recording their respective statements with regard to the compromise.
4. Learned Chief Judi
The Court can exercise inherent powers under Section 482 to quash FIR when the parties have amicably settled the dispute and solemnized marriage, to prevent abuse of process of law and secure the end....
The court can exercise its inherent jurisdiction under Section 482 to quash criminal proceedings in the interest of justice and to prevent abuse of the legal process, especially in cases involving am....
The Court can exercise its inherent jurisdiction under Section 482 to quash criminal proceedings based on amicable settlements and to prevent abuse of process of law, ensuring the welfare of the part....
The court can exercise its inherent powers under Section 482 Cr.P.C. to quash FIRs and criminal proceedings, even in non-compoundable cases, based on the specific facts and circumstances of the case,....
The main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
Quash of Criminal proceedings – Compromise between parties - High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or....
The main legal point established in the judgment is that the inherent powers of the court under Section 482 of the Cr.P.C. can be exercised to quash criminal proceedings based on a genuine and volunt....
The High Court can quash FIRs for non-compoundable offences if parties amicably settle disputes, balancing justice with public interest.
Criminal Law - Seeking quash of FIR/ Proceedings - Power under Section 482 Cr.P.C. and further even otherwise, in view of statement of complainant, if criminal proceedings are allowed to continue sam....
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