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RAJBIR SEHRAWAT
Karuna Bhardwaj – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. filing for quashing of fir based on compromise. (Para 1 , 2) |
| 2. supreme court precedent on quashing offences. (Para 3) |
| 3. distinction between civil and criminal disputes. (Para 4 , 5 , 6) |
| 4. legal position on compromise in criminal cases. (Para 7) |
| 5. acceptance of settlement in interest of justice. (Para 8) |
| 6. quashing of fir based on parties' compromise. (Para 9) |
JUDGMENT
Mr. Rajbir Sehrawat, J. (Oral)
The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.3 dated 13.02.2012, registered under Sections 406 , 420, 448, 465, 467, 468, 471, 474 and 120B of the INDIAN PENAL CODE , 1860, (for short, 'IPC') at Police Station N.R.I. Jalandhar City, District Jalandhar, along with all subsequent proceedings arising therefrom, on the basis of compromise arrived at between the parties.
2. Vide order dated 13.07.2023, the parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their statements recorded; as to the genuineness of the compromise. In compliance thereof, report of the Chief Judicial Magistrate (NRI Court), Jalandhar, dated 27.07.2023, has been received, wherein, it has been subm
Compromise in criminal disputes can quash FIRs if the case doesn't involve heinous offences, balancing societal impact and justice.
The recognition of compromise in criminal disputes should consider the nature and gravity of the crime, the impact on society, and the fairness of continuing with the criminal proceeding despite a co....
The legal system aims to reconcile social conflicts and recognizes compromises in criminal disputes, balancing the interests of justice and societal impact.
The legal framework allows for recognizing compromises in criminal disputes, balancing the wishes of the parties with the impact on society, and distinguishing between offenses of a predominantly civ....
The recognition of compromises in criminal disputes, subject to exceptions, and the distinction between the powers of the High Court and criminal courts in quashing criminal proceedings.
The recognition of compromises in criminal disputes must consider the nature and gravity of the crime, with serious offences having a significant impact on society not fittingly quashed based on comp....
The main legal point established in the judgment is the recognition of compromises in criminal disputes, the impact on society, and the applicability of legal provisions such as Section 320 Cr.P.C. a....
The High Court has inherent jurisdiction to quash criminal proceedings based on a genuine compromise between the parties, in order to secure the ends of justice and prevent abuse of the process of an....
The power to quash a criminal proceeding based on a compromise depends on the nature and gravity of the crime, and the impact on society. Serious offences cannot be fittingly quashed, but offences wi....
The power of the court to quash criminal proceedings based on a compromise depends on the nature and gravity of the offenses, the impact on society, and the possibility of conviction.
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