Search Results Page

Search Results

1 - 5 of 5 (0.27 seconds)

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 (Downloaded on 15/01/2025 at 09:39:24 PM) [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.
Supreme Court of India Cites 81 - Cited by 53834 - R M Lodha - Full Document
1