SURESHWAR THAKUR, SUDEEPTI SHARMA
Rakesh Das – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
(Sureshwar Thakur, J.)
Since a common question of law is involved in all the petitions (supra), therefore, the said question of law is amenable to be answered through a common verdict being made thereons.
2. The present reference becomes generated from the order pronounced by a learned co-ordinate Bench of this Court on 29.2.2024 upon CRM-M-48043-2023 and another connected case (supra), whereins, the learned co-ordinate Bench of this Court has passed the following order:-
“Judgments wherein partial quashing has been allowed.
S.No. Case Title Citation Date
1. Harvinder Singh and Ors. V. State of Haryana and Anr. 2022 SCC OnLine P&H 3114 03.11.2022
2. Sarabjeet Singh V. State of Punjab 2007 (3) RCR (Criminal) 479 01.05.2007
3. Gurtej Singh V. State of Haryana 2010 (3) RCR (Criminal) 660 26.03.2010
4. Joginder Singh V. State of Punjab C
Lovely Salhotra versus State of NCT of Delhi and another
Jayrajsingh Digvijay Singh Rana versus State of Gujarat and another
Narinder Singh and others versus State of Punjab and another
The court emphasizes that piecemeal settlements in criminal cases can undermine the judicial process and should not be accepted, requiring a unified approach to ensure justice.
Compromise in non-compoundable matrimonial offences can be accepted to prevent injustice if the parties resolve their disputes, considering the nature of the offences.
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
The main legal principle established in the judgment is that the inherent power under Section 482 of the Code of Criminal Procedure can be invoked to quash criminal proceedings based on an amicable s....
Heinous and serious offences cannot be quashed based on a compromise between the parties, as per the principle laid down by the Hon'ble Supreme Court.
The High Court can quash non-compoundable offences under Section 482 if they are personal in nature and the parties have settled their disputes amicably, ensuring no adverse effect on public interest....
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