RAJESH BHARDWAJ
Sharanjeet Singh @ Sharan – Appellant
Versus
State of Punjab – Respondent
RAJESH BHARDWAJ, J.
1. Instant petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.01 dated 01.01.2019, registered under Sections 307, 506, 148, 149 IPC and Section 25 of Arms Act, 1959, at Police Station Majitha, Amritsar and all the subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2).
2. Status report by way of affidavit of Varinder Singh Khosa, PPS, Assistant Commissioner of Police, North, Amritsar dated 23.02.2023 filed in Court is taken on record.
3. 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.
4. This Court vide order dated 13.02.2019 directed the parties to appear before the trial Court/Ill
Gian Singh vs State of Punjab and another (2012) 10 SCC 303
Narinder Singh and others Versus State of Punjab and another
B.S.Joshi and others vs State of Haryana and another (2003) 4 SCC 675.
The main legal point established is that the nature of offences and the settlement between the parties are crucial factors in determining the quashing of FIRs based on compromise.
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 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 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 power of the High Court to quash criminal proceedings based on compromise, especially in cases with a predominantly civil nature, as established in the Full Bench judgment and the Supreme Court c....
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.
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