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SURESHWAR THAKUR, SUDEEPTI SHARMA
Lakhvir Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Sureshwar Thakur, J.:- The hereinafter extracted reference is required to be answered by this Bench:
2. However, before proceeding to render an answer to the above extracted reference, the relevant facts are also required to be set forth.
3. The facts relevant for answering the above extracted reference are that, the alleged penal event took place on 02.11.2013, at about 04:30 p.m., on the roadside leading from Kandhargarh Chhanna to Chhintanwala. The said penal event becomes encapsulated in FIR No.264 dated 03.11.2013, registered under Sections 304-A and 279 of the IPC, at P
The High Court cannot grant probation under Section 482 of the Cr.P.C. when an appeal against conviction is pending, emphasizing the jurisdictional limits of the appellate court.
The main legal point established in the judgment is the power of the High Court to quash criminal proceedings based on a genuine and voluntary compromise between the parties, considering the nature a....
Settlement post-conviction for non-compoundable offences cannot quash convictions; it's a mitigating factor for sentencing only.
The High Court can quash criminal proceedings based on compromise, even if the offence is non-compoundable, in accordance with the settled propositions by the Hon'ble Apex Court.
Compromise by itself is not sufficient to set aside the order of conviction for a non-compoundable offence.
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.
Criminal Law – Quash of Criminal proceedings - Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 o....
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
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