Back
RAJESH BHARDWAJ
Surender Singh – Appellant
Versus
State of Haryana – Respondent
RAJESH BHARDWAJ, J.
1. Instant petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.365 dated 07.05.2018, registered under Sections 323, 341, 506 IPC (Sections 393, 509 and 34 IPC added in challan) at Police Station City Sonipat, District Sonipat and all the subsequent proceedings arising therefrom on the basis of compromise dated 18.03.2021 (Annexure P-2).
2. FIR in question was lodged by complainant-respondent No.2 and the investigation commenced thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Compromise Deed, annexed as Annexure P-2. On the basis of the compromise, the petitioners are praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.
3. This Court vide order dated 15.12.2022 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements, as contended before the Court, and the trial Court/Illaqa Magistrate was also dir
The Court emphasized that when parties have entered into a compromise, continuation of proceedings would be an abuse of process of the Court, and quashing the FIR would secure the ends of justice.
The main legal point established in the judgment is that the nature and gravity of the crime, as well as the impact on society, must be considered before quashing criminal proceedings based on a comp....
The main legal principle established is that when parties have voluntarily settled their dispute, the court may quash criminal proceedings under Section 482 Cr.P.C. to secure the ends of justice.
The main legal point established is that when parties have entered into a compromise, the court may quash criminal proceedings if continuation would be an abuse of process of the court and securing t....
The main legal point established in the judgment is that the power of the High Court to quash criminal proceedings under Section 482 Cr.P.C. should be exercised in accordance with the principles of s....
The power of the Court to quash criminal proceedings based on a compromise between the parties, as provided in Section 482 Cr.P.C. and Section 320 Cr.P.C., should be exercised to secure the ends of j....
The central legal point established in the judgment is that the power to quash a criminal proceeding based on a compromise must be exercised to secure the ends of justice and prevent abuse of the pro....
Quashing of FIR based on a compromise between the parties is justified when it would secure the ends of justice and prevent abuse of the process of the Court.
The court's decision was primarily based on the nature of the offenses, the voluntary compromise between the parties, and the precedents set by the Hon'ble Supreme Court and the High Court in similar....
The power of the High Court to quash criminal proceedings based on a compromise between the parties must be exercised to secure the ends of justice and prevent abuse of the process of the Court.
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
