KULDEEP TIWARI
Rakesh Das – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
The amenability of all these petitions for being decided through a common verdict, stems from them being ingrained with common question(s) of law, besides emanates from identical relief(s) being craved to be reaped therein.
2. To be precise, all these petitions strive for partial quashing of FIRs, on the bedrock of partial compromises. There is no wrangle amongst the contesting litigants herein that, FIRs in all these petitions are yearned to be partially quashed, inasmuch as, not all the accused, as nominated in these FIRs, have been impleaded as petitioners therein, rather only some of the accused/petitioners herein, have entered into compromise with the complainant/private respondents concerned. Therefore, for the sake of brevity, the facts are being extracted from CRM-M-48043-2023, titled as “Rakesh Das V/s State of Haryana and Anr.”.
PRAYER CLAUSE (IN CRM-M-48043-2023)
3. The instant petition aims at securing the relief of quashing of FIR No.89 dated 27.02.2015, under Sections 419, 420, 467, 468, 471, 120-B of the IPC, registered at P.S. DLF Phase-II, Gurugram, along with all consequential proceedings emanating therefrom, on the basis of Compromise dat
Gian Singh Vs. State of Punjab and Anr.
The court established that inherent powers under Section 482 of the Cr.P.C. can be exercised to quash FIRs based on compromises, but the effects on co-accused must be evaluated.
The court emphasizes that piecemeal settlements in criminal cases can undermine the judicial process and should not be accepted, requiring a unified approach to ensure justice.
The court's decision emphasized the voluntary nature of the compromise, the impact of the offences on public peace and moral fabric of society, and the exercise of inherent power under section 482 Cr....
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 quash FIRs for non-compoundable offences under Section 482 CrPC if the parties have compromised and the circumstances do not involve public interest or serious moral turpitude.
The main legal point established is that the inherent power under section 482 CrPC can be invoked to quash non-compoundable offences based on a compromise, considering the nature of the offence, the ....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases involving voluntary compromise and non-compoundable offe....
The power of the High Court under Section 482 Cr.P.C. to quash criminal proceedings involving non-heinous offences, even if the trial has concluded and appeal stands dismissed against conviction, bas....
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