Back
JAGMOHAN BANSAL
Pardeep Kumar – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. overview of case and compromise details. (Para 1 , 2) |
| 2. no objection from parties regarding quashing. (Para 3 , 4) |
| 3. inherent powers to quash non-compoundable offences. (Para 5 , 6 , 7) |
| 4. petition allowed; judgment and proceedings quashed. (Para 8) |
JUDGMENT
Jagmohan Bansal, J. (Oral)
The instant petition, on the basis of compromise dated 16.04.2022 (Annexure P-4), is filed under Section 482 Cr.P.C., seeking quashing of judgment dated 21.12.2017 (Annexure P-1) in Criminal Complaint No.165-1/28.09.2015 under Sections 406 and 498A of IPC, Police Station Sadar Fazilka, District Fazilka whereby Chief Judicial Magistrate, Fazilka, has convicted the petitioner under Section 498A of IPC.
2. In terms of order dated 05.05.2022 of this Court, Additional Chief Judicial Magistrate, Fazilka, has submitted his report dated 30.08.2022. The relevant extracts of the report are as below:
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 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 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....
Non-acceptance of compromise would also lead to denial of complete justice which is very essence of our justice delivery system.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
