Search Results Page
Search Results
1 - 10 of 15 (0.19 seconds)Gian Singh vs State Of Punjab & Anr on 24 September, 2012
In Gian Singh [Gian Singh v. State of
Punjab, (2012) 10 SCC 303 : (2012) 4 SCC (Civ) 1188 : (2013) 1 SCC (Cri)
160 : (2012) 2 SCC (L&S) 988] a Bench of three learned Judges of this Court
adverted to the body of precedent on the subject and laid down guiding
principles which the High Court should consider in determining as to whether
to quash an FIR or complaint in the exercise of the inherent jurisdiction. The
considerations which must weigh with the High Court are : (SCC pp. 342-43,
para 61)
"61. ... 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 FIR may be exercised
where the offender and the 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.