Quashing of Criminal Proceedings in Case of Compromise

Power of High Court under section 482

Power of quashing of proceedings

Supreme Court has laid down the broad principles which emerge from the precedents on the subject, and summarised the following propositions :

(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;

(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable. Continue reading “Quashing of Criminal Proceedings in Case of Compromise”

Quashing of charge in case of abetment of suicide

Allegations of land grabbing resulting in victim committing suicide.

Charge framed u/s 306 IPC quashed while sustaining the charge u/s. 448 of IPC

In other words, the truth of the matter has to come out when the prosecution evidence is led, the witnesses are cross-examined by the defence, the incriminating material and evidence is put to the accused in terms of Section 313 of the Code and then the accused is provided an opportunity to lead defence, if any. It is only upon completion of such steps that the trial concludes with the court forming its final opinion and delivering its judgment. Merely because there was civil transaction between the parties would not by itself alter the status of the allegations constituting the criminal offence. Continue reading “Quashing of charge in case of abetment of suicide”