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Inherent Power To Quash Criminal Proceedings In Non-Compoundable Cases Should Be Exercised Sparingly
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Inherent Power To Quash Criminal Proceedings In Non-Compoundable Cases Should Be Exercised Sparingly

06 Dec 2019 01:42 pm

The Himachal Pradesh High Court on Thursday reiterated that high courts have the inherent power as prescribed under Section 482 of CrPC, to quash criminal proceedings, even in those cases where the offences involved are non-compoundable. However, such power must be exercised with utmost caution.

The observations were made while allowing the petition for compounding of offences, made by the Petitioner-accused, Naykan Kamdak and another. The two, who were otherwise college friends of the Complainant, had been accused of attacking him and beating him mercilessly. Accordingly, they had been charge-sheeted for offences punishable under Sections 452, 326, 323, 324 and 427 of IPC and Sections 25, 54-59 of the Arms Act.

The petition had been filed on the basis of compromise/amicable settlement arrived inter-se parties. In this regard, the Complainant had also submitted that he had, of his own volition and without there being any external pressure, entered into a compromise and that he shall have no objection in case the FIR and the consequent proceedings against the Petitioners were quashed and set-aside.

The Additional Advocate General opposed the petition, stating that the matter was grave since as per the material available, the Complainant had suffered serious injuries on his person, on account of beatings given by the Petitioners-accused, who used sharp-edged weapon (sword).

Naykan kamdak and ors. vs. state of HP
Criminal no. 572 of 2019


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