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MANISHA BATRA
Manjinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J. (Oral)
The instant petition has been filed under Section 482 of Cr.P.C. by the petitioner seeking quashing of FIR No. 88 dated 15.10.2023, registered under Sections 452, 354, 354A, 354A, 376, 511 and 423 of the IPC at Police Station Qila Lal Singh, District Batala along with the all the subsequent proceedings arising therefrom, on the basis of the compromise (Annexure P-2) arrived at between the parties.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of the statement recorded on 15.10.2023 by complainant 'P' (name withheld), aged about 25 years, alleging therein that on she was two month pregnant. At 06:00 PM, when she was doing the household work, her neighbour Manjinder Singh (petitioner herein) entered into her house through stairs and choked her mouth and twisted her hands. He dragged her to the bathroom and tried to commit rape upon her but at the same time, her husband knocked at the door and the petitioner by kicking in her stomach and hitting her with a bathroom faucet, ran away towards his house through the stairs. She prayed for taking action against
The High Court can quash FIRs in non-compoundable offences if continuation of proceedings would be an abuse of process and serve no useful purpose.
The main legal point established in the judgment is the power of the Court to quash FIR in matrimonial disputes, compounding of non-compoundable offences, and securing the ends of justice.
The main legal point established in the judgment is that in cases where the possibility of conviction is remote and bleak due to a compromise between the offender and the victim, quashing the crimina....
The High Court has inherent power under Section 482 of Cr.P.C. to quash FIRs in non-compoundable offences when a genuine compromise exists, preventing abuse of process and securing justice.
Quashing of FIR based on a compromise between the parties is justified under Section 482 Cr.P.C. and Section 320 Cr.P.C. to secure the ends of justice.
The power of the High Court to quash criminal proceedings is distinct from the power to compound offenses under Section 320 of the Code. In cases where the parties have entered into a compromise, con....
The power to quash criminal proceedings should be exercised sparingly and with caution, especially for heinous and serious offences, while considering the nature of the offence, the impact on society....
The main legal point established is that the power of quashing a criminal proceeding under Section 482 Cr.P.C. may be exercised to secure the ends of justice, especially when the parties have entered....
The main legal point established in the judgment is that when parties have entered into a compromise, the Court may exercise its inherent powers under Section 482 Cr.P.C. to quash the proceedings, as....
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