JASJIT SINGH BEDI
Anil Kumar – Appellant
Versus
State of Punjab – Respondent
Judgment
Mr. Jasjit Singh Bedi, J.
The prayer in this petition is for quashing of FIR No.188 dated 08.12.2018 under Sections 420 , 120-B IPC registered at Police Station Chhajali, District Sangrur and all the consequent/subsequent proceedings arising therefrom on the basis of a compromise (P-2) arrived at between the parties.
2. Vide order dated 18.03.2019 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise (Annexure P-2) and the Illaqa Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order.
3. Pursuant to the order dated 18.03.2019 passed by this Court, the parties have appeared before the Judicial Magistrate Ist Class, Sunam and as per the report dated 19.03.2019 submitted to this Court, both the parties have got recorded their respective statements in Court.
4. A perusal of the aforesaid report would show that the parties have effected genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complainant coming forward to support the prosecution case.
Gian Singh Vs. State of Punjab & Anr.
Jayrajsinh Digvijaysinh Rana Versus State of Gujarat and another
The court established the principle that inherent power can be used to quash criminal proceedings where a compromise has been effected, in order to secure the ends of justice or to prevent the abuse ....
The court can exercise its powers under Section 482 Cr.P.C. to quash an FIR based on a genuine and voluntary compromise between the parties.
The inherent power of the Court under Section 482 Cr.P.C. can be used to quash criminal proceedings based on a compromise to prevent abuse of process of law and secure the ends of justice.
The central legal point established in the judgment is the wide plenitude of inherent power under Section 482 Cr.P.C. to quash criminal proceedings in which a compromise has been effected, not confin....
The court has the power under Section 482 of the Cr.P.C. to prevent abuse of process of law and secure the ends of justice, and can quash criminal proceedings based on a genuine and voluntary comprom....
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