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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Jasvir Singh @ Kaka Gujjar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
214 | 3.9.2020 | Model Town, District Hoshiarpur | 379-B/506 IPC |
The petitioner, 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.
2. During the pendency of the FIR, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-2.
3. After that, the petitioner came up before this Court to quash the FIR, impleading the aggrieved person as respondent no.2.
4. On 28.08.2023, the aggrieved person (R-2) appeared before the Judicial Magistrate Ist Class, Hoshiarpur 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 1.9.2023, the parties consented to the quashing of FIR and consequent proceedings without any threat.
ANALYSIS & REASONING:
5. Despite the severe opposition of the State's counsel to this compromise, the following aspects would be relevant to conclude this petition: -
a) The accused and the private respondent have amicably
The court can invoke the inherent jurisdiction under section 482 CrPC to quash non-compoundable offences if the settlement is voluntary and in the interest of justice, considering the impact on publi....
The main legal point established is that the inherent powers of the court under section 482 CrPC can be invoked to quash non-compoundable offences based on a settlement between the parties, consideri....
The central legal point established in the judgment is that the High Court can quash the prosecution for non-compoundable offences based on a compromise, considering the nature of the offence, societ....
The main legal point established in the judgment is the court's exercise of inherent power under S. 482 CrPC to quash the FIR and all subsequent proceedings based on a voluntary compromise, absence o....
The main legal point established in the judgment is the Court's authority to quash FIR and consequent proceedings based on a compromise, considering the nature of the offences and the impact on publi....
The main legal point established is the court's authority to exercise inherent powers to quash non-compoundable offenses based on voluntary compromises, considering the impact on public peace and mor....
The main legal point established in the judgment is the exercise of inherent power under Section 482 CrPC to quash the FIR and consequent proceedings, especially in cases where the offenses are non-c....
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