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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Amritpal Singh Alias Peter – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
By way of present petition, the petitioner is seeking quashing of FIR No. 0042 dated 27.03.2023 registered under Sections 506 of IPC, 1860 and Sections 25 and 27 of Arms Act, 1959, at Police Station Chhatiwind, District Amritsar Rural and all consequent proceedings arising therefrom on the basis of compromise.2. On 15.09.2023, the following order was passed:
"The present petition has been moved invoking jurisdiction of this Court under Section 482 Cr.P.C by the petitioner seeking quashing of FIR No.0042 dated 27.03.2023, registered for offences punishable under Sections 506 IPC and Sections 25/27 of Arms Act, at Police Station Chattiwind, District Amritsar Rural.
Learned counsel for the petitioner contends that the matter already stands compromised vide Annexure P-2.
Notice of motion for 05.12.2023.
On asking of the Court, Mr. Tarun Aggarwal, Sr. DAG Punjab accepts notice on behalf of respondent No.1-State. Mr. Hakikat S. Grewal, Advocate appears and accepts notice on behalf of respondent No.2. and admits the fact of there being a compromise between the parties.
In view of the above, both the parties are directed to appear before learned Duty Magistrate/I
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 main legal point established in the judgment is the court's authority to invoke inherent powers under section 482 CrPC to quash criminal proceedings based on a voluntary settlement between the pa....
The central legal point established in the judgment is that the power u/s 482 Cr.P.C. can be invoked to quash proceedings based on a compromise between the parties in matters predominantly of civil c....
The court can quash FIRs in non-compoundable offences under Section 482 Cr.P.C. when a genuine compromise is reached between the parties, particularly in matters of a private nature.
The Court can quash non-compoundable offences under its inherent jurisdiction if the settlement between the parties justifies the exercise of such power and the continuation of the prosecution would ....
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