Harshit Kothari S/o Satish Kothari VS State of Rajasthan - 25 Jan 22

Indian Penal Code,1860 - Sections 406 and 498-A – Criminal Procedure Code,1860 - Section 482 - Attested compromise for Offence - Conviction - Heinous and serious Offences - Mental Depravity or Offences - Offence of Murder - Respondent No. 2 Police Station has registered an FIR against the petitioner - After investigation police filed charge sheet against petitioner for offence under Sections 406 and 498A I.P.C. in trial court wherein trial is pending against petitioner for aforesaid offences - During pendency of trial a joint application was preferred on behalf of petitioner as well as respondent No. 2 while stating that both parties have entered into compromise and therefore proceedings pending against petitioner may be terminated - Learned trial court vide order allowed parties to compound offence punishable under Section 406 I.P.C - However rejected application so far as it relates to compounding offence - Held, In what cases power to quash the criminal proceeding or complaint or F....

India - Rajasthan


Pardeep Motors Hire Purchase Corporation VS Jagdish Raj - 04 Feb 20

Criminal Procedure Code1973 - Section 561-A – FIR – Quash - Petition that petitioners had agreed to purchase vehicle from respondents for which was given by way of advance payment - Respondents issued receipt of same - It appears that some dispute arose between parties resultantly an application Section was filed for registering FIR - After considering application Sub Judge Judicial Magistrate Jammu vide his order directed SHO Police Station Now bad to register FIR law and investigate matter - In pursuance to this direction Section been registered in Police Station Now bad Jammu and investigation has been proceeded –Held, Parties have appeared in person and to ascertain contents compromise their statements have also been recorded - They submit that they have settled their dispute amicably out of their own free will and without any external pressure or coercion - Complainant submits that he has no objection if FIR lodged by him along with consequential proceedings in case titled Jadish ...

India - J&K


Mohammad Faizan Amir Khan VS State of Maharashtra - 05 Jul 16

In respect of serious offences like murder, rape, dacoity etc or other offences of mental depravity under Indian Penal Code or offences of moral turpitude under special statutes like Prevention of Corruption Act, the settlement between the offender and the victim can have no legal sanction at all.

India - Crimes


In the matter of : Pawan Gaur VS State (NCT of Delhi) - 26 Mar 21

Rape – Quash of FIR - Compromise between parties - High Courts ought not to use the inherent powers under S. 482 Cr.P.C. in quashing FIRs under Section 376 IPC even if the prosecutrix has entered into a compromise with the accused

India - Delhi


Thiru. C. V. Jayaraman etc. VS Deputy Inspector General of Police, Chengleput Range - 07 Jan 09

Ratios:a. Mere conviction for an offence cannot be taken as moral turpitude unless that offence is heinous, or involves base or vile act.b. Heinousness of any offence is decided by taking into account moral standards in any society.c. Murderer is disqualified to hold public office.d. Murder is a most heinous offence and public servant who committed it may be dismissed from service.

India - Madras


Baddam Naresh VS State of A. P. , through SHO - 28 Feb 14

Offences with which the petitioner has been charged are neither grave nor heinous.

India - Andhra


Md. Zenaid Uddin Ahmed @ Md. Zunaid Uddin Ahmed, S/o. Harej Uddin Ahmed VS State of Assam, Rep. by The PP, Assam - 02 Mar 22

Point of Law : Power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised to quash the criminal proceedings which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society.

India - Gauhati


Kanti Devi VS State of Bihar - 22 Apr 16

Indian Penal Code, 1860 – Section 498A – Dowry Prohibition Act, 1961 – Section 4 – Code of Criminal Procedure, 1973 – Sections 320 and 482 – Cruelty – Dowry offence – Compounding of offence – Serious offences like murder, rape, dacoity or other offences of mental depravity under IPC or offences of moral turpitude under special statute, like Prevention of Corruption Act or offence committed by public servants while working in that capacity cannot be quashed merely on ground of settlement between parties but offences arising out of matrimony, particularly relating to dowry, etc. or family dispute, where wrong is basically to victim and offender and victim has settled all disputes between them amicably, irrespective of fact that such offences have not been made compoundable, High Court may within framework of its inherent power, quash criminal proceeding or criminal complaint or FIR if it is satisfied that on face of such settlement, there is hardly any likelihood of offender being convic...

India - Bihar


Inder Rajput VS State of Himachal Pradesh - 08 Sep 21

Criminal Procedure Code, 1973 - Sections 482, 173 and 320 - Indian Penal Code,1860 - Sections 147, 148, 120-B, 149, 323, 307, 452 and 506 - Attempt to murder – Voluntarily causing grievous hurt – House preparation after preparation to hurt - Alleged that marriage of respondent No. 2 and the petitioner No. 1 was solemnised per Hindu rites and customs and out of wedlock, no issue was born. It is further averred that father of respondent No. 2 has already expired prior to her marriage and marriage expenses of respondent No. 2 were borne by the widowed mother of respondent per respondent No. 2, after three days of marriage, petitioner No. 1 telephonically called her mother that respondent No. 2 is feeling pain in her stomach and asked her to take respondent No. 2 to Nal - Alleged that petitioner No. 1 refused to keep respondent No. 2 with him and left her at her mother's house - Alleged that petitioner No. 1 asked mother of respondent No. 2 to get her checked and then promised to take her ...

India - Himachal Pradesh


Inder Rajput VS State of Himachal Pradesh through Its Secretary (Home) - 08 Sep 21

Criminal Procedure Code, 1973 – Section 482 – Indian Penal code, 1860 - Section 498-A, 406, 506 and 34 - Quashing of FIR - Whether FIR in question can be ordered to be quashed when Hon'ble Apex Court has specifically held that power under S. 482 CrPC is not to be exercised in cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc - Such offences are not private in nature and have a serious impact on society – Held, though offence alleged to have been committed by accused is neither heinous nor serious, and further parties have compromised matter, as such, this court deems it appropriate to quash FIR as well as consequential proceedings, especially keeping in view fact that parties have compromised matter inter se them, in which case, possibility of conviction is remote and no fruitful purpose would be served in continuing with criminal proceedings - Since matter stands compromised between parties and complainant is no more inter...

India - Himachal Pradesh