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JAGMOHAN BANSAL
Atul Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Jagmohan Bansal, J. (Oral)
The petitioners through instant petition under Section 482 Cr.P.C., on the basis of compromise, are seeking quashing of FIR No.313, dated 29.11.2018, under Sections 323 , 406, 498A and 506 of IPC ( Section 354 of IPC added later on), registered at Police Station Bhupani, District Faridabad (Annexure P-1) and all other consequential proceedings arising therefrom.
2. In terms of orders of this Court, learned Judicial Magistrate 1st Class, Faridabad has submitted his report. It inter alia confirms that all the parties and Investigating Officer appeared before the Court and tendered their statements qua compromise arrived at between the parties; the compromise is voluntary, genuine and without any coercion; no accused is a proclaimed offender; all the accused as well complainant have entered into compromise.
3. Learned counsel for the petitioners submits that petition under section 13B of HINDU MARRIAGE ACT , 1955 seeking divorce by mutual consent stands filed.
4. Learned State counsel on instruction from Investigating Officer submitted that he has no objection if FIR and consequent proceedings in view of compromise are quashed.
The Court emphasized the power of the High Court under Section 482 of Cr.P.C. to quash non-compoundable offences on the basis of compromise between the disputing parties, even if the offences are non....
The High Court can quash non-compoundable offences on the basis of compromise using its inherent powers under Section 482 Cr.P.C., evaluating the consequential effects of the offence and adopting a p....
The High Court has the discretion to quash proceedings under Section 482 Cr.P.C. based on the nature of the offence, the voluntary consent of the victim, and the societal impact of the offence, even ....
The High Court has the power to quash non-compoundable offences on the basis of compromise between the disputing parties, even if the offences are non-compoundable, especially in cases where the offe....
The High Court has the power to quash non-compoundable offences on the basis of compromise between the disputing parties, especially in cases where the offences are predominantly of a private nature ....
The court emphasized the limited jurisdiction to compound an offence within the framework of Section 320 Cr.P.C. and the inherent powers of the High Court under Section 482 Cr.P.C. to prevent abuse o....
The main legal point established in the judgment is that serious offences under Sections 307, 498-A, 34 of IPC, which have a significant impact on society, are non-compoundable and should not be quas....
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