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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Prem Narayan Singh
Divyansh – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. amicable settlement between parties (Para 3) |
| 3. opposition and concerns regarding quashment (Para 4 , 5 , 6) |
| 4. analysis of compounding non-compoundable offenses (Para 7 , 8 , 9 , 10 , 11) |
| 5. judicial precedents on quashing firs (Para 12 , 13 , 14) |
| 6. conclusion on quashing based on compromise (Para 15 , 16 , 17) |
| 7. final order and disposition (Para 18 , 19) |
ORDER :
Prem Narayan Singh, J.
1.The petitioner has filed the present petition under Section 482 of CrPC for quashment of FIR bearing Crime No.52/2023 dated 12/09/2023 registered at P.S. Crime Branch, Indore for offence u/s 420, 467, 468 and 471 of the IPC, 1860.
2. Brief facts of the case are that on 02.05.2023, complainant Yamini filed a written complaint that she developed a friendship on social media with one Mohit. On 29/09/2022, Mohit made a Whatsapp call through his mobile number and told her that one of his shipment has been stopped by Customs Department at Vishakhapatnam Port, (Andra Pradesh) and his account has also been freezed by concerned authorities and he asked for monetary help from her. On this she transferred Rs. 57,998/- on 29/09/2022, Rs.40,000/- on 04/
Compounding of non-compoundable offences is distinguishable from quashing criminal proceedings; the latter can occur if there is no public interest involvement and the matter is amicably settled.
The court has the power to quash proceedings in non-compoundable cases based on amicable settlements, as distinct from the power to compound offences under Section 320 of Cr.P.C.
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 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....
The power to quash criminal proceedings under Section 482 of Cr.P.C. can be exercised to prevent abuse of the process of law and in cases where the continuation of the criminal case would be an exerc....
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 ....
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