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JAGMOHAN BANSAL
Navroz Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. factual basis for the petition and compromise. (Para 1) |
| 2. court's analysis of the compromise and lack of objection. (Para 2 , 3) |
| 3. judicial precedence on quashing non-compoundable offences. (Para 4) |
| 4. conclusion on the ineffectiveness of continuing the proceedings. (Para 5) |
| 5. quashing of fir based on the resolution between parties. (Para 6 , 7) |
JUDGMENT
Jagmohan Bansal, J. (Oral)
This petition is filed under Section 4 82 Cr.P.C. for quashing of FIR No.0194, dated 10.07.2021, under Sections 4 98A, 406, 354, 354A, 506 and 34 of IPC 1860 and under Sections 3 , 4 and 4A of Dowry Prohibition Act, 1961, registered at Police Station Sultanpur Lodhi District Kapurthala, (Annexure P-1), and all other consequential proceedings arising therefrom, on the basis of compromise/ affidavit dated 22.12.2022 (Annexure P-2).
2. In terms of order dated 09.01.2023 of this Court, learned Judicial Magistrate 1st Class, Sultanpur Lodhi has submitted his report dated 16.01.2023. The relevant extracts of the report are as below :-
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 Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
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 central legal point established in the judgment is that in matrimonial disputes, where the parties have resolved their entire dispute through compromise, the court can quash the criminal proceedi....
The court can quash criminal proceedings in matrimonial disputes when the parties have resolved their entire dispute through compromise, considering the nature and gravity of the crime and its impact....
The duty of the courts to encourage genuine settlements of matrimonial disputes and the wide and unfettered powers of the High Court under Section 482 of the Code to quash criminal proceedings in cas....
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
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