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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Rajbir Alias Raju – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J.
This is a petition under Section 482 Cr.P.C. for quashing of FIR No.299, dated 08.07.2020, under Sections 323, 324, 452, 506 IPC (Section 307/120-B IPC and Section 25/54/59 of Arms Act added later on), registered at Police Station Namaund, District Hansi, with all subsequent proceedings arising therefrom, on the basis of compromise dated 13.03.2024 (Annexure P-5).2. During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR.
3. Vide order dated 15.04.2024, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for.
4. The report dated 26.04.2024 has been received from Sessions Judge, Hisar stating that the parties have entered into a compromise voluntarily without any pressure, threat or coercion.
5. Learned counsel for the respondents No.2 and 3 submits that they have no objection to the quashing of present FIR.
6. Though the parties have entered into a compromise, the moot question for examination by this Court is still to consider as to whether the instant FIR be quashed, which involves the offence u
The main legal point established is that the nature of offences and the settlement between the parties are crucial factors in determining the quashing of FIRs based on compromise.
The power of the High Court to quash criminal proceedings based on compromise, especially in cases with a predominantly civil nature, as established in the Full Bench judgment and the Supreme Court c....
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 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 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....
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