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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Tabita Sunar – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. quashing criminal proceedings based on personal dispute resolution. (Para 1 , 2 , 3) |
| 2. inherent jurisdiction of high court to secure justice. (Para 4 , 5) |
| 3. high court powers to quash non-compoundable offences to prevent futility. (Para 6 , 7) |
| 4. final order quashing criminal proceedings for family harmony. (Para 8 , 9) |
ORDER (ORAL) :
Meenakshi Madan Rai, J.
1. The instant application has been filed by the Petitioners No.1 and 2 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, the “BNSS”), seeking quashing of the FIR bearing Case No.0009/2024, lodged before the Mangan Police Station, by Petitioner No.1 against the Petitioner No.2 for commission of the offences under Section 326 of the Indian Penal Code, 1860 (hereinafter, the “IPC”), read with Sections 184 and 185 of the Motor Vehicles Act, 1988 (hereinafter, the “MV Act”) and GR Case No.06 of 2024 (State of Sikkim vs. Lachu Rasaily), pending before the Court of the Chief Judicial Magistrate, Mangan District, Sikkim, wherein charges have been framed against the Petitioner No.2 under of the , read with Sections 184 and 185 of the MV Act.
2. It is submitted by Learned Counsel for the
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 ....
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 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 court's decision was based on the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the settlement between the p....
Inherent powers under section 482 of Code can be used to prevent abuse of process of law and to secure ends of justice.#12;
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