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ASHOK KUMAR VERMA
Kashish @ Parshant – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. filing of a petition under section 482 crpc. (Para 1 , 2) |
| 2. arguments regarding compromise and non-compoundability. (Para 3 , 4) |
| 3. court's analysis of the merits and implications of compromise. (Para 5 , 6 , 7) |
| 4. importance of quashing proceedings to meet interests of justice. (Para 8) |
| 5. final decision to quash fir based on compromise. (Para 9) |
| 6. disposition of the case. (Para 10) |
JUDGMENT
Mr. Ashok Kumar Verma, J. (Oral)
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.49 dated 01.05.2019 registered under Sections 306 and 34 of the INDIAN PENAL CODE , 1860 at Police Station Gidderbaha, District Sri Muktsar Sahib (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 13.08.2022 (Annexure P- 2) effected between the private parties.
2. Pursuant to order dated 23.02.2023 passed by this Court, the parties had appeared before learned Sub Divisional Judicial Magistrate, Gidderbaha to get their statements recorded. Learned Sub Divisional Judicial Magistrate, Gidderbaha submitted her report along with copies of statements of the parties vide letter d
Point of Law - Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quas....
The main legal point established in the judgment is the court's authority to exercise inherent powers under Section 482 of the Code of Criminal Procedure to quash criminal proceedings, emphasizing th....
Section 482 preserves inherent powers of High Court to prevent an abuse of the process of any court or to secure ends of justice. The provision does not confer new powers. It only recognizes and pres....
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