AI Overview...
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Quashing Based on Compromise - Courts have allowed the quashing of FIRs under Sections 279/304A IPC when parties reach a settlement, emphasizing the importance of amicable resolution and the victim's consent Ashok Kumar VS State - Delhi, Ramesh Kumar VS State (Govt. of NCT of Delhi) - Delhi, AKHILESH KUMAR MISHRA VS STATE (NCT) OF DELHI - Delhi.
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Legal Precedents - The Supreme Court in Gian Singh v. State of Punjab (2012) 10 SCC 303 and Narinder Singh v. State of Punjab (2014) 6 SCC 1 has established that FIRs under sections like 304A, 288, 337, and 279 IPC can be quashed on the basis of compromise, provided the offence is compoundable and the parties agree voluntarily AKHILESH KUMAR MISHRA VS STATE (NCT) OF DELHI - Delhi, SHAMSHER SINGH VS STATE NCT OF DELHI - Delhi, Parth Bhardwaj VS State - Delhi.
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Limitations - Quashing based on compromise is not permissible when the victim has passed away or when the offence is non-compoundable or involves public interest, as seen in cases where proceedings were not quashed due to victim's death Surendra Kumar VS State of Uttarakhand - Uttarakhand.
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Court's Discretion - The courts exercise their discretion under Section 482 Cr.P.C. to quash FIRs when the parties have settled, and it is in the interest of justice, especially in cases of minor or compoundable offences Satish Kumar VS State of Punjab - Crimes.
Analysis and Conclusion:
Courts generally favor quashing FIRs under Sections 279/304A and related offences when parties reach a genuine compromise, aligning with the principles laid down in landmark judgments like Gian Singh and Narinder Singh. However, such quashing is subject to the nature of the offence, the status of the victim, and whether the offence is compoundable. The overarching aim is to promote amicable settlements and reduce unnecessary litigation, provided public interest and justice are not compromised.
Search Results for "Quashing in the Basis of Compromise 304a"
2013 0 Supreme(Del) 1217 • India - Delhi
SUNIL GAUR
Compromise Deed - Quashing of FIR - The court allowed the quashing of FIR No. 267/2011 under Section 279/304A of the IPC, based ... Issues: The issues involved the quashing of FIR No. 267/2011 under Section 279/304A of the IPC, based on the Compromise Deed ... Fact of the Case: The petitioner sought the quashing of FIR No. 267/2011 under Section 279/304A of the IPC, based on ... Quashing of FIR No. 267/2011, und....
• India - Crimes
MEHINDER SINGH SULLAR
cyclist causing his death — Law with regard to quashing of FIR on basis of compromise — Only in order to secure ends of Justice ... Criminal Procedure Code, 1973 — Section 482 — Petition for quashing FIR registered u/s 279, 304A and 427 IPC on ground that matter ... of the FIR on the basis of compromise is no more res-integra and is now well settled by Hon’ble Supreme Court.
2014 0 Supreme(UK) 514 • India - Uttarakhand
U.C.DHYANI
, and the victim had passed away, quashing of proceedings on the basis of compounding application was not possible. ... Compounding of Offences - Section 304A of IPC - Quashing of Criminal Proceedings Fact of the Case: The applicants ... sought to quash the charge-sheet, summoning order, and proceedings of a criminal case based on a compromise between the informant ... Quashing of proceedings on the basis of compounding application is, therefore, not possible, and as....
2016 0 Supreme(Del) 893 • India - Delhi
P.S.TEJI
Compromise - Quashing of FIR - Sections 279/304A IPC - [Gian Singh v. State of Punjab (2012) 10 SCC 303, Narinder Singh v. ... Fact of the Case: The petitioner filed a petition for quashing of FIR under Sections 279/304A IPC, based on a compromise ... The respondent no. 2 affirmed the settlement and expressed no objection to quashing the FIR. ... The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Ramesh Kumar for quash....
2015 0 Supreme(Del) 2849 • India - Delhi
P.S.TEJI
Compromise - Quashing of FIR - Sections 304A/288/34 IPC - Gian Singh v. State of Punjab (2012) 10 SCC 303, Narinder Singh v. ... Sections 304A/288/34 IPC, based on a compromise with the respondents. ... Issues: The main issue was whether the court should quash the FIR and proceedings based on the compromise between the parties ... The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Akhilesh Kumar Mishra and Kadam Singh for quashing#HL_EN....
2016 0 Supreme(Del) 1053 • India - Delhi
P.S.TEJI
Compromise - Quashing of FIR - Sections 279/337/304A IPC - Summary of Acts and Sections: The court discussed the need for amicable ... Fact of the Case: The petitioner filed a petition for quashing of FIR No.171/2007 under Sections 279/337/304A IPC, ... Issues: The main issue was whether the FIR under Sections 279/337/304A IPC should be quashed based on the compromise between ... Harender Singh for quashing of FIR No.171/2007 dated 12.03.2007, und....
2015 0 Supreme(Del) 2975 • India - Delhi
P.S.TEJI
State of Punjab to justify the quashing of the FIR under Sections 288/304A IPC based on the compromise between the parties. ... P.C. for quashing of FIR No. 607 of 2014 dated 23.09.2014, under Sections 288/304A IPC, based on a compromise reached between the ... State of Punjab to justify the quashing of the FIR under Sections 288/304A IPC. ... P.C. has been filed by the petitioner, namely, Prince Vashista for quashing of FIR No. 607....
2016 0 Supreme(Del) 99 • India - Delhi
P.S.TEJI
Compromise - Quashing of FIR - Sections 304A/288/34 IPC - Gian Singh v. State of Punjab (2012) 10 SCC 303, Narinder Singh v. ... compromise reached with the respondent. ... Fact of the Case: The petitioners sought the quashing of FIR No.643/2007 under Sections 304A/288/34 IPC, based on a ... The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Parth Bhardwaj and Nirdesh Kumar for quashing of FIR No.643/2007 dated 05.09.2007, unde....
2016 0 Supreme(Del) 1548 • India - Delhi
P.S.TEJI
. - Quashing of FIR - Sections 288/337/304A IPC - [Gian Singh v. State of Punjab (2012) 10 SCC 303, Narinder Singh v. ... The parties reached a compromise, and the victims expressed their willingness to quash the FIR. ... Issues: The main issue was whether the court should exercise its power under Section 482 Cr.P.C. to quash the FIR in light of the compromise ... The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh.Shamsher Singh for quashing of FIR No.183/2014 da....
2016 0 Supreme(Del) 2031 • India - Delhi
P.S.TEJI
Compromise Settlement - Quashing of FIR - Sections 288/337/304A IPC - Summary of Acts and Sections: The court discussed the need ... Fact of the Case: The petitioners sought to quash FIR No.413/2013 under Sections 288/337/304A IPC, citing a compromise ... State of Punjab to determine the appropriateness of quashing the FIR. ... Raj Kumar for quashing of FIR No.413/2013 dated 12.09.2013, under Sections 288/337/304A IPC registered at Police Station J....
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