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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Raj Kumar Chettri – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
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| 1. parties in a matrimonial dispute may seek to compound an offense and request the high court to quash criminal proceedings based on an amicable settlement. (Para 1 , 2 , 3 , 5) |
| 2. the high court may exercise its inherent powers under section 528 of the bnss to quash non-compoundable offenses if the trial is destined for failure and it satisfies the ends of justice. (Para 4) |
| 3. personal matrimonial disputes settled amicably serve as sufficient grounds for the court to exercise inherent powers to prevent abuse of legal process. (Para 6 , 7) |
ORDER (ORAL) :
Meenakshi Madan Rai, J.
1. The Petitioners No.1 and 2 have filed a Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, the “BNSS”), afresh, along with Settlement Deed/Agreement executed between them on 01-07-2025.
2. Learned Counsel for the Petitioner No.1 and Learned Counsel for the Petitioner No.2 submit that, the Petitioners have amicably settled the matter amongst themselves and seek quashing of the FIR before the Rangpo Police Station registered as Rangpo PS FIR Case bearing No.25/2024, dated 24-04-2024, against the Petitioner No.1 by the Petitioner No.2 for physically assaulting
High courts possess inherent powers to quash criminal proceedings, even for non-compoundable offences, when parties resolve personal disputes through reconciliation, thereby avoiding trial futility a....
The High Court possesses inherent power to quash criminal proceedings, including non-compoundable offences, to secure the ends of justice and prevent abuse of process, particularly when parties to a ....
The High Court has inherent jurisdiction to quash non-compoundable criminal proceedings stemming from matrimonial disputes when parties have voluntarily settled, aiming to prevent abuse of process an....
The High Court may exercise inherent jurisdiction to quash criminal proceedings involving non-compoundable offences if the underlying dispute is essentially civil and parties have reached an amicable....
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