Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2019 (1) TMI 1903

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... be in the interest and justice that parties are allowed to compromise the matter. The instant petition is accepted. - CRM-M-55688 of 2018 (O&M) - - - Dated:- 31-1-2019 - Hon'ble Mr. Justice Shekher Dhawan Present : Mr. S.P.S. Aulakh, Advocate for the petitioners. Mr. Ashok Kumar Singla, Senior Deputy Advocate General, Punjab. Mr. Chirag Wadhwa, Advocate for respondents No. 2 to 4. Shekher Dhawan, J. Present petition is for quashing of DDR No.24 dated 12.06.2013, under Sections 323, 324, 506, 34 IPC in FIR No.105 dated 12.06.2013 under Sections 323, 324, 506, 34 of IPC, registered at Police Station Samrala, District Ludhiana, on the basis of compromise dated 08.12.2018 (Annexure P3). 2. Learned coun .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ctim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding. 7. The same view has been recently reiterated by Hon'ble the Apex Court in case Narinder Singh and others Vs. State of Punjab and another, 2014(2) RCR (Criminal) 482. 8. Having re .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates