Search Results Page

Search Results

1 - 9 of 9 (0.35 seconds)

Gian Singh vs State Of Punjab & Anr on 24 September, 2012

7. In the meanwhile of the proceedings, the petitioner and second respondent are seeking for compounding of the offences by filing this joint memo. Therefore, it is relevant to refer Gian Singh vs. State of Punjab (2012 (10) SCC 303) wherein the Hon'ble Supreme Court of India had extensively dealt with matters relating to Section 482 Cr.P.C. and Section 320 Cr.P.C. relating to the inherent power under Section 482 Cr.P.C. to quash the proceedings in respect of compoundable offences where compromise is arrived at between the parties. It has been held in the said judgment that criminal proceedings can be quashed by the Court, if the Court is satisfied that the matter has been settled between the parties amicably and the parties are interested to :5: restore peace and harmony between them. The power of the High Court in quashing a criminal proceeding or FIR or 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 and gravity of the crime.
Supreme Court of India Cites 81 - Cited by 53834 - R M Lodha - Full Document
1