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DEEPAK GUPTA
Sunita Rani – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. quashing of fir sought based on compromise. (Para 1 , 2) |
| 2. opposition to compromise based on severity of the offence. (Para 3 , 4) |
| 3. inherent power of high court under section 482 cr.p.c. (Para 5 , 6 , 7 , 8 , 9) |
| 4. conditions under which quashing can occur. (Para 10 , 11 , 12 , 13) |
| 5. specific case details regarding fir's allegations. (Para 14 , 15 , 16) |
| 6. interpretation of sections 306 and 107 ipc. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 7. quashing permitted to prevent abuse of court process. (Para 25 , 26) |
| 8. judicial precedents on similar cases. (Para 27 , 28) |
| 9. final order quashing the fir. (Para 29) |
JUDGMENT
Deepak Gupta, J.
Prayer in this petition is to quash FIR No.2 dated 10.01.2019 registered at Police Station Bhikhi, District Mansa (Punjab) under Section 306 IPC, on the basis of compromise dated 02.11.2019.
2. Pursuant to the order dated 10.02.2020, parties appeared before the trial Court and got their statements recorded, affirming the compromise. Report dated 06.03.2020 of learned Judicial Magistrate Ist Class, Mansa has been received, as per which statement of the affected persons and the joint statement of the petitioners - accused have been reco
Quashing of FIR under Section 306 IPC is permissible when allegations do not substantiate a prima facie case, particularly if parties reach a compromise aiming to restore peace.
The main legal point established in the judgment is that the power of quashing criminal proceedings under Section 482 Cr.P.C. can be used to prevent the abuse of the process of law or to secure the e....
Quashing of FIR under Section 306 IPC based on compromise is impermissible as such offenses are grave and non-compoundable, impacting societal interests.
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.
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