Back
BHASKAR RAJ PRADHAN
Gyaltsen Dadul Bhutia – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. allegation of physical assault leading to fir (Para 1) |
| 2. settlement through compromise deed (Para 2) |
| 3. court quashes fir based on settlement (Para 3) |
JUDGMENT
Bhaskar Raj Pradhan, J. - This is a petition under section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing of First Information Report (FIR) No.18/2021 dated 11.06.2021 registered under section 324 read with section 34 of the INDIAN PENAL CODE , 1860 (IPC) lodged at Gyalshing West Sikkim against the petitioner Nos.1, 2 and a juvenile represented by his father as petitioner no. 3 on a complaint by petitioner no.4. The FIR alleged that the petitioner nos. 1, 2 and a juvenile had physically assaulted him by using wooden/bamboo stick. It was alleged by the petitioner no.4 that when he tried to convey to the juvenile who was a COVID-19 positive patient that he should not be roaming in the locality violating the COVID-19 protocol he was assaulted. Based on the above information the investigation led to the filing of the charge sheet and ultimately the learned Chief Judicial Magistrate framed a singular charge under section 324 read with section 34 of the IPC against the petitioner nos.1 and 2 on
Amicable settlement among parties can justify quashing an FIR when the injury is minor and the accused are not habitual offenders.
The court can quash FIRs when no specific allegations are made against a party, especially if the main accused's FIR has been quashed based on compromise.
The court can exercise its inherent power to quash proceedings, even in non-compoundable offences, to prevent abuse of law and secure the ends of justice.
The main legal point established in the judgment is that the inherent power under Section 482 Cr.PC can be exercised to quash criminal proceedings based on an amicable settlement, even in cases of no....
The restoration of peace and harmony through compromise and the futility of continuing criminal prosecution after an amicable settlement.
The central legal point established in the judgment is the wide plenitude of inherent power under Section 482 Cr.P.C. to quash criminal proceedings in which a compromise has been effected, not confin....
The main legal point established in the judgment is the wide plenitude of the inherent power of the High Court to quash criminal proceedings, especially when the parties have settled their dispute, a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
