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1 - 10 of 37 (0.26 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 320 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 326 in The Indian Penal Code, 1860 [Entire Act]
The Arms Act, 1959
Gian Singh vs State Of Punjab & Anr on 24 September, 2012
The said provision has to be
strictly followed (Gian Singh v. State of Punjab, 2012(4)
R.C.R.(Criminal) 543 : 2012(4) Recent Apex Judgments (R.A.J.)
549 : (2012)10 SCC 303). However, in a given case, the High
Court can quash a criminal proceeding in exercise of its power
under section 482 of the Code having regard to the fact that the
parties have amicably settled their disputes and the victim has
no objection, even though the offences are non-compoundable.
In which cases the High Court can exercise its discretion to
quash the proceedings will depend on facts and circumstances
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Neutral Citation No:=2024:PHHC:171353
CRM-M-52384-2024
of each case. Offences which involve moral turpitude, grave
offences like rape, murder etc. cannot be effaced by quashing
the proceedings because that will have harmful effect on the
society. Such offences cannot be said to be restricted to two
individuals or two groups. If such offences are quashed, it may
send wrong signal to the society. However, when the High
Court is convinced that the offences are entirely personal in
nature and, therefore, do not affect public peace or tranquillity
and where it feels that quashing of such proceedings on
account of compromise would bring about peace and would
secure ends of justice, it should not hesitate to quash them. In
such cases, the prosecution becomes a lame prosecution.
Pursuing such a lame prosecution would be waste of time and
energy. That will also unsettle the compromise and obstruct
restoration of peace.
Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 2014
Petition dismissed in the terms mentioned above. All pending application(s), if any, are disposed of. Considering the compromise, the trial be expedited. However, if any accused or the complainant seeks a single unnecessary adjournment, in that case, this order expediting the trial shall be automatically recalled under section 403 BNSS read with Section 528 BNSS, without further reference to this court.