SHARAD KUMAR SHARMA
BABLISH BABAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
ORDER
The present criminal writ petition has been preferred by the petitioner for the following reliefs:-
I. Issue a writ order or direction in the nature of Certiorari quashing the impugned F.I.R. (Annexure-1) registered as Case Crime No.705/2020 Under Section – 307 P.S. Kotwali Roorkee District Haridwar on the basis of amicable settlement between the party.
II. Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in Case Crime No.705/2020 Under Section – 307 P.S. Kotwali Roorkee District Haridwar till the pendency of present petition.
III. Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. By virtue of which he has prayed for quashing of the FIR No.705 of 2020, which was registered against him under Section 307 of the IPC at P.S. Kotwali Roorkee, District Haridwar and the complainant/respondent No.3 herein, subsequent to the institution of the present criminal writ petition, a Compounding Application No.2 of 2021, has been filed by the parties bearing their respective signatures, along with the signatures of their respective counsels. The parties are al
Inherent powers under Section 482 Cr.P.C. must be exercised with circumspection, especially when dealing with non-compoundable offences.
The court emphasized the wide plenitude of inherent power and the need to exercise it in accord with the guideline to secure the ends of justice or to prevent abuse of the process of any court. It al....
Point of Law : Quash of Criminal proceedings - Where there is a genuine compromise and there is hardly any likelihood of the offender being convicted and continuance of the proceedings, after the com....
Non-compoundable offences with societal impact should not be quashed based solely on compromise.
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