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1 - 5 of 5 (0.27 seconds)Section 115 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 324 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 309 in The Code of Criminal Procedure, 1973 [Entire Act]
Gian Singh vs State Of Punjab & Anr on 24 September, 2012
5. Heard, perused the material available on record more
particularly the police report, nature of allegation and the
compromise deed executed in between the parties. The parties to
the lis have resolved their dispute amicably and do not wish to
continue the criminal proceedings and have jointly prayed for
quashing of the same. The offence alleged in this matter is non-
compoundable, however, Hon'ble Supreme Court in the case of
Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] has
propounded that if it is convinced that offences are entirely
personal in nature and do not affect the public peace or tranquility
and where it feels that quashing of such proceedings on account of
compromise would bring about peace and would secure ends of
justice, the High Court should not hesitate to quash the same by
exercising the inherent powers vested in it. It is observed that in
such cases, the prosecution becomes a lame prosecution and
pursuing such a lame prosecution would be a waste of time and
energy that will also unsettle the compromise and obstruct
restoration of peace. This court is aptly guided by the principles
propounded by Hon'ble the Supreme Court and feels that where
the dispute is essentially inter se between the parties, either they
are relatives, neighbours or having business relationship and
which does not affect the society at large, then in such cases, with
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[2025:RJ-JD:2471] (3 of 3) [CRLMP-9278/2024]
a view to maintain harmonious relationships between the two
sides, to end-up the dispute in between them permanently as well
as for restitution of relationship, the High Court should exercise its
inherent power to quash the FIR and all other subsequent
proceedings initiated thereto.
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