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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Gurdev Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
120 | 25.6.2020 | Mohkampura, District Police Commissionerate | 304A IPC |
The petitioner(s), arraigned as accused in the above captioned FIR, has come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person(s).
2. During the pendency of the criminal proceedings, the accused and the aggrieved person(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-2.
3. After that, the petitioner(s) came up before this Court to quash the FIR, impleading the aggrieved person as respondent no.2.
4. Pursuant to order of this Court dated 11.01.2021, the aggrieved person(s) (Respondent no.2) appeared before the Judicial Magistrate Ist Class, Amritsar and stated that there would be no objection if the Court quashes this FIR and consequent proceedings. As per the concerned court's report dated 27.01.2021, the parties consented to the quashing of FIR and consequent proceedings without any threat or coercion.
ANALYSIS & REASONING:
5. Despite the severe opposition of the State's counsel to this compromise, the following aspects wo
The court can quash FIRs for non-compoundable offences under Section 482 CrPC if the parties have compromised and the circumstances do not involve public interest or serious moral turpitude.
The court's decision emphasized the voluntary nature of the compromise, the impact of the offences on public peace and moral fabric of society, and the exercise of inherent power under section 482 Cr....
The main legal point established in the judgment is that the inherent power under Section 482 Cr.P.C can be invoked to quash the FIR and all consequential proceedings based on a compromise between th....
The main legal point established is that the High Court may quash the prosecution even in cases where the offences are non-compoundable, and the exercise of power must be for securing the ends of jus....
The main legal point established is that the inherent power under section 482 CrPC can be invoked to quash non-compoundable offences based on a compromise, considering the nature of the offence, the ....
The main legal point established in the judgment is the validity of quashing criminal proceedings based on a genuine and valid compromise, considering the nature of the offences and the impact on pub....
The voluntary nature of settlement, absence of impact on public peace, and the reformatory nature of criminal jurisprudence justified the quashing of the FIR and all subsequent proceedings.
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