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1 - 10 of 38 (0.23 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 320 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
The Prevention of Corruption Act, 1988
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 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
On the other hand, in cases where heinous
offences have been proved against perpetrators, no such benefit
ought to be extended, as cautiously observed by this Court
in Narinder Singh &Ors. vs. State of Punjab &Ors. [(2014) 6 SCC 466, ¶
29], and Laxmi Narayan [(2019) 5 SCC 688, ¶ 15].