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BHASKAR RAJ PRADHAN
Rinchen Tamang – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - This petition under section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed by 12 petitioners seeking the annulment of First Information Report (FIR) No. 237/2018 dated 09.12.2018 registered under section 341, 147, 149, 324, 326 of the INDIAN PENAL CODE , 1860 (IPC) against the petitioner nos. 2, 4, 5 and other unknown accused persons on a complaint by petitioner nos. 8 to 12 (jointly referred to for convenience as the complainants). It was alleged that on 09.12.2018 at around 2 A.M. in the morning while returning home from 'After Dark' located at hospital dara Gangtok they were brutally attacked by more than 10 people with stones and bottles at zero point Gangtok due to which they suffered bruises all over the face and body and stitches in the head. The FIR led to the filing of the charge-sheet against the petitioner nos.1, 2, 3, 4, 5, 6, 7, Pravesh Lamichaney and Sanjay Biswakarma. On 16.10.2019 the learned Chief Judicial Magistrate recorded that the charge-sheet did not have any material against Pravesh Lamichaney and Sanjay Biswakarma and accordingly discharged them. The learned Chief Judicial Magistrate however, found pri
The High Court can quash non-compoundable offences under Section 482 if they are personal in nature and the parties have settled their disputes amicably, ensuring no adverse effect on public interest....
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
The main legal principle established in the judgment is that the inherent power under Section 482 of the Code of Criminal Procedure can be invoked to quash criminal proceedings based on an amicable s....
The main legal point established in the judgment is that the court has the inherent power to quash criminal proceedings based on a compromise between the parties, even if the offences are non-compoun....
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
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.
The main legal point established in the judgment is that the court can exercise its inherent power under section 482 CrPC to quash criminal proceedings for non-compoundable offences, considering the ....
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 Court's decision was based on the principle that the inherent power of the High Court under Section 482 CrPC can be exercised to prevent abuse of the process of any court or to secure the ends of....
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