R VS Lichniak - 25 Nov 02

Mandatory life sentence for murder has a denunciatory value, expressing society s view of a crime which has long been regarded with peculiar abhorrence.

India - Supreme Court


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


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


Jeevan Joy, S/o. Joy VS State Of Kerala - 27 Oct 20

An offence is not compoundable under Section 320 of the Cr.P.C. by itself is no reason for the High Court to refuse exercise of its powers under Section 482 of the Cr.P.C.

India - Kerala


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


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


Bohra Ram Borana VS The Rajasthan Khadi And Gramoudhyog Board - 14 Nov 02

Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, Rule 13(2) - Issue in the case was whether the petitioner was rightly suspended under Said Rule in view of the fact that he had undergone custody of more than 48 hours for offences, some being heinous like attempt to murder – Held, Suspension order to be valid.

India - Rajasthan


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


ROSHAN LAL BURMAN VS STATE OF CHHATTISGARH - 12 Mar 19

Chhattisgarh Protection of Debtors Act, 1937 - Section 4 - Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code,1973 - Section 320 (2) - Indian Penal Code,1860 - Sections 380, 467, 468, 471, 384 read with Section 34 - Dishonor of cheques - Quashment - Offences like murder, rape, dacoity etc - Complainant/respondent No.2, he obtained a loan in year from the Bank and by way of security for re-payment of the loan certain blank signed cheques were given - Petitioner No.1 who was working as peon in the Bank has stolen cheques and used and thereafter a complaint under Section 138 of Negotiable Instruments Act, 1881 was filed - As against this complainant having came to know fact that cheques have been misused the complaint was filed under different sections which is pending - During the pendency of criminal case a complaint - Held, Similarly any compromise between victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or o...

India - Chattisgarh