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2024 Supreme(Online)(KER) 55979

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
VINOD KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: ABHIJITH U.
For the Respondents: KRISHNANUNNI G.B., SMT.MAYA M.N.

Table of Content
1. guidelines established for quashing non-compoundable offences. (Para 1)
2. parties reached a genuine and amicable settlement. (Para 2 , 3 , 4)
3. court quashed the proceedings ensuring justice. (Para 5)

ORDER

A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another [ (2007) 4 CTC 769 ], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court inGian Singh v. State of Punjab and another [ (2012) 10 SCC 303 ]. Similarly inNarindar Singh and Others v. State of Punjab [ (2014) 6 SCC 466 ], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under Section 482 of the Criminal Procedure Code

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