SANJAY VASHISTH
Lakhbir Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. overview of the factual background of the case. (Para 2 , 3 , 4 , 5) |
| 2. discussion on the effect of legal compromise. (Para 8 , 15 , 17) |
| 3. details of compliance with court orders on compromise. (Para 11 , 12 , 13) |
| 4. final outcome and order of the court. (Para 14 , 36) |
| 5. court discretion on compounding non-compoundable offences. (Para 20 , 23) |
JUDGMENT
Sanjay Vashisth, J.
By this judgment and order, I propose to dispose of Criminal Appeal No. CRA-S-2065-SB-2007 along-with Criminal Miscellaneous Application Nos. CRM-25060-2022, CRM-144-2023 and CRM-1631-2023.
2. Feeling aggrieved against the judgment of conviction and order of sentence, dated 26.09.2007, passed by learned Additional Sessions Judge (Adhoc)-cum-Presiding Officer, Fast Track Court, Rupnagar, in Sessions Case No. 35, dated 03.10.2005, arising out of FIR No. 26, dated 14.06.2005, under Sections 307 , 353, 186, 332, 427 IPC and Section 61 (1)(a) of the PUNJAB EXCISE ACT , 1914, registered at Police Station Nurpur Bedi, District Rupnagar, appellant - Lakhbir Singh has preferred Criminal Appeal No. CRA-S-2065-SB-2007.
3. Aforementioned FIR was registered against appellant - Lakhbir Singh and co-accused Kamalji
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
The court can quash non-compoundable offences post-conviction if the parties have reached a compromise, provided the offences are not heinous and do not contravene the objectives of special statutes.
High Court can quash post-conviction for non-heinous private offences like grievous hurt upon family compromise using inherent powers to ensure harmony and justice.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.